Bill S3079D-2011

Establishes the temporary state commission on intimate partner violence, within office for the prevention of domestic violence to study, report on and make recommendations on such violence

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.

Details

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

Memo

BILL NUMBER:S3079D

TITLE OF BILL: An act to establish a temporary state commission, within the office for the prevention of domestic violence, 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 recommendations upon their findings.

SUMMARY OF SPECIFIC PROVISIONS: Section 1: Legislative Intent.

Section 2: Establishes the temporary state commission on intimate partner 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, illiteracy and ethnicity. Moreover, incidents of dating violence axe 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, 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 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 significantly 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 periodically 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 3079--D 2011-2012 Regular Sessions IN SENATE February 8, 2011 ___________
Introduced by Sens. HUNTLEY, RIVERA -- 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 committee -- committee discharged and said bill committed to the Committee on Rules -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to establish a temporary state commission, within the office for the prevention of domestic violence, to study intimate partner violence; and providing for the repeal of such provisions upon expira- tion 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 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 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 for the prevention of domestic violence, 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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus