Bill Text: NY S08954 | 2019-2020 | General Assembly | Amended

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Bill Title: Requires judges or justices in a court that exercises criminal jurisdiction, including town and village justices, family court judges, and justices of the supreme court who regularly handle matrimonial matters, and court clerks of such courts to attend a program approved by the chief administrator of the courts addressing issues relating to domestic violence totaling at least ten hours every two years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-10-28 - PRINT NUMBER 8954A [S08954 Detail]

Download: New_York-2019-S08954-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8954--A

                    IN SENATE

                                    September 2, 2020
                                       ___________

        Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  judiciary law, in relation to domestic violence
          training for judges and court clerks

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  The judiciary law is amended by adding a new section 39-c
     2  to read as follows:
     3    § 39-c. Domestic violence training. 1. Each  judge  or  justice  in  a
     4  court  that  exercises criminal jurisdiction, including town and village
     5  justices, each judge of the family court, each justice  of  the  supreme
     6  court who regularly handles matrimonial matters, and each court clerk of
     7  such  courts, shall attend for no less than ten hours every two years, a
     8  program or programs approved by the chief administrator  of  the  courts
     9  addressing  issues  relating  to  domestic  violence.    Such program or
    10  programs shall include, but shall not be limited to:
    11    (a) information about the specific needs of victims;
    12    (b) the nature, extent, and dynamics of domestic  violence,  including
    13  emotional, financial, physical, technological, and sexual abuse;
    14    (c)  a  review  of  the coercive tactics abusers use to induce fear in
    15  their victims;
    16    (d) education on the increased vulnerability of  certain  populations,
    17  based  on  factors  such  as  race, immigration status, gender identity,
    18  income, or any other factor deemed relevant, and  culturally  responsive
    19  approaches to serving victims;
    20    (e)  a  review  of relevant domestic violence and child abuse statutes
    21  and case law;
    22    (f) information regarding the increased risk  of  escalating  violence
    23  that  occurs during court proceedings or when a victim attempts to leave
    24  an abuser and procedures designed to promote the safety  of  the  victim
    25  and other household members;
    26    (g) knowledge of trauma and its effects on adult and child victims;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16773-03-0
        S. 8954--A                          2

     1    (h) the lethality and risk of domestic violence;
     2    (i)  providing methods to increase information sharing and cooperation
     3  among court departments in combating domestic abuse;
     4    (j) information regarding available community resources  and  victims'
     5  services;
     6    (k) legal remedies for protection;
     7    (l)  the  harm  courts  may  cause victims by separating children from
     8  their primary attachment figure, failing to  prioritize  the  safety  of
     9  children  and  non-offending  parents,  seeking to award custody to both
    10  parents despite the presence of domestic violence  or  child  abuse,  or
    11  relying on faulty assumptions regarding domestic violence that have been
    12  rejected  by  reputable  professional  organizations,  such  as, but not
    13  limited to: (i) the assumption that women or  children  frequently  make
    14  false  allegations of abuse, (ii) the assumption that a parent's efforts
    15  to protect a child from abuse by another parent is evidence  of  unwill-
    16  ingness or inability to cooperate with that parent, (iii) the assumption
    17  that  one parent alienates a child from the other parent due to a patho-
    18  logical medical syndrome, and (iv) in cases involving domestic  violence
    19  or  child abuse, the assumption that one parent can and should support a
    20  child's relationship with the other parent; and
    21    (m) the appropriate experience and qualifications  for  child  custody
    22  evaluators  and  expert witnesses involved in court proceedings in which
    23  domestic violence has been alleged.
    24    2. Such program or programs shall be developed in coordination with an
    25  organization designated by the federal department of  health  and  human
    26  services  to coordinate statewide improvements within local communities,
    27  social service systems and  programming  regarding  the  prevention  and
    28  intervention  of  domestic violence in New York state and others who are
    29  experienced in providing trauma-informed,  victim-centered  training  on
    30  domestic violence.
    31    3.  Attendance  at  such  program  or programs shall be counted toward
    32  fulfillment of the training and  education  requirements  for  justices,
    33  judges,  and  court clerks established by the chief administrator of the
    34  courts.
    35    § 2. This act shall take effect immediately.