Establishes the temporary state commission on intimate partner violence, within the office for the prevention of domestic violence, to study, report on and make recommendations on the prevalence, causes, effects, risks and costs of such violence.

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S3079C-2011 Actions

• Jun 15, 2012: PRINT NUMBER 3079D
• Jun 15, 2012: AMEND (T) AND RECOMMIT TO RULES
• May 24, 2012: PRINT NUMBER 3079C
• May 24, 2012: AMEND AND RECOMMIT TO RULES
• Mar 19, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 19, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 5, 2012: PRINT NUMBER 3079B
• Jan 5, 2012: AMEND AND RECOMMIT TO FINANCE
• Jan 4, 2012: REFERRED TO FINANCE
• Jun 17, 2011: PRINT NUMBER 3079A
• Jun 17, 2011: AMEND AND RECOMMIT TO FINANCE
• Feb 8, 2011: REFERRED TO FINANCE

S3079C-2011 Memo

BILL NUMBER:S3079C

TITLE OF BILL:
An  act  to establish a temporary state commission, within the office of
mental health, to study intimate partner violence; and providing for the
repeal of such provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL:
This bill creates a commission that will study the negative  implication
of  dating  violence among our young teenage women, and will make recom-
mendations upon their findings.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Legislative Intent.

Section 2: Establishes the temporary state commission on intimate  part-
ner violence to study, report and make recommendations on such violence.

Section  3-6: Establishes structure of Commission and The bill addresses
the issue of dating violence among young women,  especially  among  teen
and  pre-teens.  The  alarming rate increase of violence towards teenage
girls is closely related to external factors such as race, ace, illiter-
acy and ethnicity. Moreover, incidents of dating violence are associated
with substance use, unhealthy  weight  control,  risky  behavior  (first
intercourse before the age of fifteen years).

The  Commission  shall make a preliminary report to the Governor and the
Legislature of its  findings,  conclusions  and  recommendations  within
twelve  months  of the effective date of this act. A second report shall
be issued two years after the effective date of this act. And,  a  final
report  shall  be  issued within three years after the effective date of
this act, and shall submit with its reports such  legislative  proposals
as it deems necessary to implement its recommendations,

JUSTIFICATION:
Each  year 1.5 million women are physically and/or sexually abused by an
intimate partner, and 25% will experience Intimate Palmer Violence (IPV)
at some time during their lifetimes. Moreover, 25% of  adolescent  girls
have  experienced  physical or sexual dating violence.  Similarly, inju-
ries that result from such violence are significantly more common  among
females  for  both  adolescents and adult populations, and approximately
10% of intentional injuries to adolescent girls are reported to  be  the
result of violent male dating. External factors such as race, age, illi-
teracy,  and  ethnicity  are  closely related with the climbing rates of
IPV.

Research suggests that experience  of  physical  dating  violence  among
teenagers and pre-teenagers was associated with substance use; unhealthy
weight  control,  sexual risk behavior (first intercourse before the age
of fifteen years, not using a condom at last intercourse, pregnancy, and
suicidality (considered, attempted suicide).

Furthermore, adolescents experiencing dating  violence  are  at  signif-
icantly elevated risk for having greater numbers of sex partners, making
them  more  vulnerable to contracting HIV and other sexually transmitted
diseases than adolescent girls who are not abused  by  dating  partners.
Similarly,  high  school girls are found to be approximately more likely
than their non-abused peers to have ever  been  pregnant.  In  contrast,
younger  girls  are  found to be at lower risk for experiences of dating
violence, this may be due to reduced opportunity for  such  experiences.
For  example,  both  adolescent  girls  and  adult women who experienced
forced sex are more likely to exhibit eating  disorders;  also,  violent
childhood  experiences  catalyze  the vulnerability to become victims of
IPV. Likewise, the humiliation of, those who experienced IPV may play  a
major role in predisposing teens to suicidal ideation and behavior.

This  legislation  will direct New York Stare to study the causes of the
increasing rate of pre-teenage and teenage dating violence in  New  York
State, and report on the findings, conclusions and recommendations peri-
odically within a three year phase.

PRIOR LEGISLATIVE HISTORY:
2005-06: A.11110 - Committee on Children and Families
2007-08: A.6855  - Committee on Children and Families
2009-10: A.8494  - Referred to Committee on Children and Families

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall expire 3 years after such effective date when
upon such date the provisions of this act shall be deemed repealed;
provided, however that any and all actions necessary to effectuate
the provisions of this act shall take effect immediately.

S3079C-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   3079--C

                         2011-2012 Regular Sessions

                              I N  SENATE

                              February 8, 2011
                                 ___________

  Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
    printed to be committed to  the  Committee  on  Finance  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to  said  committee  --  recommitted  to  the  Committee on Finance in
    accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
    amended,  ordered reprinted as amended and recommitted to said commit-
    tee -- committee discharged and said bill committed to  the  Committee
    on  Rules  -- committee discharged, bill amended, ordered reprinted as
    amended and recommitted to said committee

  AN ACT to establish a temporary state commission, within the  office  of
    mental  health,  to study intimate partner violence; and providing for
    the repeal of such provisions upon expiration thereof

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section  1.  Legislative  findings  and intent. The legislature hereby
  finds that intimate partner violence against women  is  a  major  public
  health  concern  that needs to be addressed with all practical and prag-
  matic tools at its disposal and that those tools should  be  effectively
  and responsibly utilized by communities all across the state.
    According  to  the Journal of the American Medical Association (JAMA),
  1.5 million women are physically and/or sexually abused by  an  intimate
  partner  each year, and 25% will experience intimate partner violence at
  some time during their lifetimes.  Moreover,  25%  of  adolescents  have
  experienced  physical  or sexual dating violence. In another report, the
  U.S. Department of Justice found out that females are approximately  ten
  times more likely to be killed by an intimate partner than are males.
    Similarly,  injuries  that result from such violence are significantly
  more common among females for both adolescents  and  adult  populations,
  and  approximately  10%  of intentional injuries to adolescent girls are
  reported to be the result of violent male dating. External factors  such
  as  race,  age,  illiteracy  and  ethnicity are closely related with the

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00951-07-2

 S. 3079--C                          2

  climbing rates of intimate partner violence. Furthermore,  health  risks
  and  demographics  have  been  found  to  be associated with both dating
  violence variables and health risk outcomes.
    Research  suggests  that the incidence of physical dating violence was
  associated with substance use (heavy smoking,  binge  drinking,  driving
  after  drinking, cocaine use), unhealthy weight control (diet pills use,
  laxative use), risky sexual behavior (first intercourse before  the  age
  of fifteen years, not using a condom at last intercourse, at least three
  sex  partners  in  the  last  three  months), pregnancy, and suicidality
  (considered, attempted suicide).
    A study found that many secondary effects are  commonly  related  with
  the  prevalence  of intimate partner violence. For example, both adoles-
  cent girls and adult women who experienced forcible sex are more  likely
  to  exhibit  eating disorders; also, violent childhood experiences cata-
  lyze the vulnerability to become victims of intimate  partner  violence.
  Likewise,  the  humiliation  of  those  who experienced intimate partner
  violence may play a major role in predisposing teens to  suicidal  idea-
  tion  and  behavior.  Moreover, based on recent data from abused adults,
  adolescents who experience dating  violence  may  be  less  likely  than
  others to receive treatment for mental health concerns.
    Adolescents experiencing dating violence are at significantly elevated
  risks  for  having  greater  numbers  of  sex partners, making them more
  vulnerable to contracting HIV and other  sexually  transmitted  diseases
  than  adolescent girls who are not abused by dating partners. Similarly,
  abused high school girls are found to be more likely than  their  non-a-
  bused  peers to have ever been pregnant. In contrast, younger girls were
  found to be at lower risk for experiences of  dating  violence,  due  to
  reduced opportunity for such experiences.
    Evidently,  the legislature needs to address this issue thoroughly due
  to the disturbing statistics that show an increasing rate of  adolescent
  dating violence. Bearing in mind that the state's population is composed
  mainly  of  minority  groups,  and  that for example, according to JAMA,
  black female students appear to be more  likely  than  individuals  from
  other  groups  to  report  sexual  violence in the absence   of physical
  violence from dating partners, it is imperative to formulate legislation
  that would study this issue properly and then make necessary recommenda-
  tions that would lead to minimizing this problem.
    As noted, it  is  relevant  to  make  a  relationship  between  dating
  violence and health risks among, but not limited to, adolescent girls in
  the state of New York. Health experts agree that perhaps the most press-
  ing  need for research involves the development of this violent behavior
  among perpetrators of abuse against dating partners. Prevention  efforts
  in  this  area  should  be  expanded  and support should be provided for
  development and  implementation  of  prevention  programs  and  services
  specific  to  teen dating violence. Equally important, is the finding of
  this legislature that medical and  mental  health  professionals  should
  routinely  screen adolescents for dating violence and be aware of appro-
  priate referrals.
    It is the finding of this legislature that a body of experts  in  this
  area  be  convened to report and recommend solutions to intimate partner
  violence that can be quickly implemented throughout the state.
    S 2. A temporary state commission  on  intimate  partner  violence  is
  hereby  established,  within  the  office for the prevention of domestic
  violence, to examine, evaluate and make recommendations  concerning  the
  prevalence,  causes,  effects,  risks and costs to the state of intimate
  partner violence, including dating violence  toward  young  women.  Such

 S. 3079--C                          3

  commission  shall  review the impact of the existing conditions on inti-
  mate partner violence, and how to reduce such violence and increase  the
  reporting of such violence.
    S 3. The temporary state commission on intimate partner violence shall
  consist  of  15 members to be appointed as follows: 7 shall be appointed
  by the governor; 3 shall be appointed by the temporary president of  the
  senate;  3 shall be appointed by the speaker of the assembly; 1 shall be
  appointed by the minority leader of the senate; and 1 shall be appointed
  by the minority leader of the assembly. Of the members appointed by  the
  governor:  1  member  shall  be a representative of the office of mental
  health, 1 member shall be a representative of the education  department,
  1  member shall be a representative of the office of temporary and disa-
  bility assistance, 1 member shall be a representative of the  office  of
  children  and  family services and 1 member shall be a representative of
  the crime victims board. The appointed members of the  commission  shall
  be  broadly  representative  of  the geographic areas of the state.  The
  members shall each have expertise in the prevalence, causes, effects  or
  risks  of intimate partner violence, or the solutions for such violence.
  The governor shall designate the chair and vice chair from among his  or
  her  appointees.  Vacancies in the membership of the commission shall be
  filled in the manner provided for original appointments.
    S 4. The members of the temporary state commission on intimate partner
  violence shall convene as necessary as  determined  by  the  chair.  The
  members  of the temporary state commission shall receive no compensation
  for their services,  but  shall  be  allowed  their  necessary  expenses
  incurred in the performance of their duties pursuant to this act.
    S  5.  The temporary state commission on intimate partner violence may
  hold public hearings, and  within  all  relevant  laws  and  regulations
  governing confidentiality, shall be entitled to request and receive data
  of any applicable court, department, division, board, bureau, commission
  or  agency  of  the state or any political subdivision thereof as it may
  reasonably request to carry out properly its powers and duties  pursuant
  to this act.
    S 6. The temporary state commission on intimate partner violence shall
  make  a  preliminary  report  to the governor and the legislature of its
  findings, conclusions and recommendations within twelve  months  of  the
  effective date of this act; a second report of its findings, conclusions
  and recommendations, and shall include an outcome analysis of the imple-
  mentation  of  its  recommendations  from  the preliminary report within
  twenty-four months of the effective date of this act; and a final report
  of its final findings, conclusions and recommendations, and  an  outcome
  analysis  of the implementation of its recommendations from its previous
  two reports within thirty-six months of the effective date of this  act;
  and shall submit with its reports such legislative proposals as it deems
  necessary to implement its recommendations.
    S  7.  This  act shall take effect on the ninetieth day after it shall
  have become a law and shall expire 3 years  after  such  effective  date
  when upon such date the provisions of this act shall be deemed repealed;
  provided,  however  that any and all actions necessary to effectuate the
  provisions of this act shall take effect immediately.