What's happening
This bill requires a comprehensive evaluation and report on domestic violence services and the potential establishment of a statewide forensic examiner program in New York.
Why it matters
The bill mandates a detailed review of current domestic violence services. , requiring the state to inventory and assess the types of treatment programs and resources currently available to survivors, which could highlight service gaps or strengths.
It pushes for an evaluation of existing forensic examiner programs related to domestic violence. , focusing on whether these programs improve prosecution rates and outcomes, potentially affecting how evidence is collected and used in court.
The legislation requires specific recommendations on expanding or establishing a statewide forensic examiner program. , including which crimes might benefit most, how evidence collection could be improved, and how these changes could enhance support for victims.
Cost analysis and funding considerations are central. , with the bill directing an evaluation of fiscal impacts, the involvement of private insurance, and strategies to prevent new unfunded mandates on local governments—matters that could influence whether and how such programs are implemented statewide.
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Who cares
Headline styles
Report on Domestic Violence Programs
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 55
No co-sponsors yet.
History
- Reported and committed to finance
- Referred to social services
- Reported and committed to finance
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Report Domestic Violence Programs
In Assembly Committee · Governmental Operations · Sponsor Andrew Hevesi
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
542
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. FUNKE -- read twice and ordered printed, and when printed to be committed to the Committee on Social Services
AN ACT to amend the executive law, in relation to reporting of programs available to survivors of domestic violence
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 575 of the executive law is amended by adding a new subdivision 11 to read as follows:
11. Legislative intent. (a) The legislature hereby finds that domestic violence is a pervasive problem in New York state, with hundreds of thousands of incidents being reported each year. The legislature further finds that domestic violence forensic examiner programs have the potential to improve the state's ability to prosecute such crimes, and enhance the provision of treatment and services to victims. Therefore, the legislature finds it prudent and necessary to require a comprehensive evaluation of existing services and such forensic examiner programs to determine how to best reduce and address domestic violence within the state.
(b) On or before November thirtieth, two thousand nineteen, the executive director of the office for the prevention of domestic violence shall, in conjunction with the commissioner of health and the commissioner of criminal justice services, provide a report and recommendations to the governor, the temporary president of the senate, and the speaker of the assembly regarding the potential establishment of a statewide domestic violence forensic examiner program.
(c) Such report and recommendations shall include, but not be limited to:
(i) the types of treatment programs and resources currently available to survivors of domestic violence;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02462-01-7
S. 542 2
(ii) an evaluation of any existing domestic violence forensic examiner programs, including their impact on domestic violence prosecutions;
(iii) a list of criminal offenses for which prosecutions could be aided by a statewide domestic violence forensic examiner program;
(iv) recommendations regarding potential practices and protocols that could enhance the collection of evidence in domestic violence cases, and improve the quality of treatment and services provided to victims; and
(v) an evaluation of fiscal costs associated with the establishment of a statewide domestic violence forensic examiner program, including the potential role of private insurance providers and recommended measures to avoid subjecting local governmental units to any unfunded mandate.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 provisions
Section 1 states the legislative intent and further states that by November 30, 2019 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.
Legislative history
S.6889/A.9669 of 2011-2012 Reported to Senate Finance Committee. S.1593-B/ A.9050 of 2013-2014 Passed Senate. S.3630/A.2005 of 2015-2016 Referred to Social Services.
Fiscal implications
To be determined.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.