Relates to health care and wellness education and outreach programs for victims of sex offenses or victims of child pornography promotion.
Ayes (59): Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Hoylman, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Montgomery, Nozzolio, O'Brien, O'Mara, Parker, Peralta, Perkins, Rivera, Robach, Sanders, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Excused (4): Adams, Ranzenhofer, Ritchie, Sampson
TITLE OF BILL: An act to amend the public health law, in relation to health care and wellness education and outreach programs for victims of sex offenses or victims of child pornography promotion
PURPOSE OR GENERAL IDEA OF BILL: To educate the public about the availability of counseling programs, education programs and advocacy services provided at no cost by governmental agencies and not-for-profit organizations for victims of sexual offenses and for victims of child pornography promotion and possession.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends the public health law by adding a new paragraph (i) to subdivision 1 of section 207 of the public health law. This would provide that the Department of Health may conduct education and outreach programs for consumers, patients, and health care providers relating to the availability of individual, family and group counseling programs, education programs, and advocacy services provided at no cost by governmental agencies and not-for-profit organizations for victims of any sexual offense which constitutes a crime and for victims of child pornography promotion or possession
Section 2 provides that this act shall take effect immediately
JUSTIFICATION: The National Institute of Justice has estimated that one in four women and one in six men experience some form of sexual assault during their lifetime. The Disaster Center reports that in 2011 there were almost 3,000 victims of forcible rape in New York State. However, sexual crimes are among the most under-reported crimes, with 54% of the cases still being unreported in 2010.
Sexual assault can cause severe trauma-related psychological disorders that may affect victims for years after the assault. The Center for Disease Control and Prevention (CDC) states that victims of sexual violence face both immediate and chronic psychological consequences, which include the following: depression, attempted or completed suicide, alienation, and post-traumatic stress disorders.
Sexual violence can also have a severe social impact on its victims. Those who are subject to sexual abuse are proven to have more difficulties in developing relationships with family, friends and intimate partners. In addition, unhealthy and risky behaviors can derive as consequences of sexual violence and factors that increase a person's vulnerability to being victimized again in the future (CDC). Victims are more likely to engage in high-risk sexual behaviors (e.g. unprotected sex and early sexual situation) and to use harmful substances (cigarettes, alcohol, drugs).
In 2010, 79,668 children in New York State were abused or neglected, according to the NYS Central Register of Child Abuse and Maltreatment - a victimization rate of 18.0 for every 1,000 children. Sexual
offenses involving children can lead to the production and distribution of pornographic material. The New York State Department of Criminal Justice reports that in 2012 there were 22 arrests for using a child in a sexual performance (i e play, motion picture, photograph or dance). More than 100 people were arrested for promoting sexual performances of a child In addition, more than 100 people were arrested for possessing pornographic material involving children.
The Child Pornography Victim Assistance (CPVA) Program is responsible for the notification process for victims of child pornography, which is mandated under the Crime Control Act of 1990 (42 U S.C. § 10607) and the Crime Victims' Rights Act of 2004 (18 U.S.C. § 3771). Victims of child pornography face continued victimization as the images of their sexual abuse are repeatedly downloaded and distributed by collectors of child pornography. These victims are forced to continuously live their abuse and may develop severe psychological consequences, including depression and suicidal thoughts.
This bill would allow the Department of Health to promote the availability of individual, family, and group counseling programs, education programs and advocacy services provided at no cost for victims of sexual offenses and child pornography promotion or possession. Victims of such offenses may need help to overcome the trauma but may not be aware of the availability of assistance programs Promoting the existence of counseling and advocacy programs is fundamental to encourage victims to face their abuse and to recover from the resulting psychological distress. Victims should be proactively informed of the possibility to receive help and assistance.
PRIOR LEGISLATIVE HISTORY: This is a new bill.
FISCAL IMPLICATIONS: Nominal.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 5502--A 2013-2014 Regular Sessions IN SENATE May 16, 2013 ___________Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to health care and wellness education and outreach programs for victims of sex offenses or victims of child pornography promotion THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 207 of the public health law is amended by adding a new paragraph (i) to read as follows: (I) THE AVAILABILITY OF INDIVIDUAL, FAMILY AND GROUP COUNSELING PROGRAMS, EDUCATION PROGRAMS, AND ADVOCACY SERVICES PROVIDED AT NO COST BY GOVERNMENTAL AGENCIES AND NOT-FOR-PROFIT ORGANIZATIONS FOR VICTIMS OF ANY SEXUAL OFFENSE WHICH CONSTITUTES A CRIME AND FOR VICTIMS OF CHILD PORNOGRAPHY PROMOTION OR POSSESSION. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10939-03-3