Relates to the report of programs available to survivors of domestic violence

BILL NUMBER:S3630

Title of bill

An act to amend the executive law, in relation to reporting of programs available to survivors of domestic violence

Purpose

To create a report detailing various programs aimed at assisting survivors of domestic violence as well as supporting information.

Summary of specific provisions

Section 1 states the legislative intent and further states that by November 13, 2015 a report and recommendations shall be provided including the types of treatment programs and resources currently available, an evaluation of existing domestic violence forensic examiner programs, a list of criminal offenses for which creation of a statewide domestic violence forensic examiner program would be of assistance, recommendations to enhance collection of evidence, and an evaluation of fiscal costs.

Section 2 is the effective date.

Justification

Forensic examiner programs provide significant amounts of assistance to both survivors of domestic violence, but also law enforcement looking to build a case. For example The Family Justice Center of Erie County is home to a Forensic Medical Unit (FMU) in all of NY State dedicated to domestic violence, thanks to the partnership with University of Buffalo Family Medicine. These full-time Registered Nurses document end photograph (via electronic body mapping) client injuries using high-tech digital camera equipment. This documentation is immeasurable in its ability to detect injuries that traditional hospital Photographs cannot detect; the high tech equipment can also detect pooling of blood under the skin from incidents like strangulation; as one example. These visual records, which can take four or more hours to produce, are then used by the District Attorney in prosecutions, if the client wishes to press charges. Additionally, the FMU nurse testifies at trial, as required.

The Forensic Medical Unit is one of the agency's most sought after services and the Erie County District Attorney calls the records generated by the FMU "invaluable" leading to increased plea bargains and higher conviction rates. The increased plea bargains, thanks to the FMU, save taxpayers the skyrocketing expense of trial. The DA's office has put. area hospitals on notice to send all domestic violence victims to the Family Justice Center for injury documentation, informing hospitals that traditional photos are not suitable evidence for court. Not only does it save taxpayers money but it saves victims the trauma of testifying at a trial along with avoiding the trauma of being examined at a hospital; where the- evidence is NOT permissible in court. The forensic medical unit documentation is permissible in court with conviction rates almost 100% of the time.

This legislation will allow for sustainability of FMU in the Family Justice Center as a "one stop center" and will allow for evaluation

and expansion, over time, of forensic medical units in other Family Justice Centers throughout New York State.

Prior legislative history

S.6889/A.9669 of 2011-2012 Reported to Senate Finance Committee. S.1593-B/ A.9050 of 2013-2014 Passed Senate.

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.