New York Senate Bill S00492 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 492 2025-2026 Regular Sessions  IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. FERNANDEZ, RAMOS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the judiciary law and the executive law, in relation to domestic violence training for judges, court clerks and law enforce- ment officers 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, economic, 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01862-01-5 
 S. 492 2 1 an abuser and procedures designed to promote the safety of the victim 2 and other household members; 3 (g) knowledge of trauma and its effects on adult and child victims; 4 (h) the lethality and risk of domestic violence; 5 (i) providing methods to increase information sharing and cooperation 6 among court departments in combating domestic abuse; 7 (j) information regarding available community resources and victims' 8 services; 9 (k) legal remedies for protection; 10 (l) the harm courts may cause victims by separating children from 11 their primary attachment figure, failing to prioritize the safety of 12 children and non-offending parents, seeking to award custody to both 13 parents despite the presence of domestic violence or child abuse, or 14 relying on faulty assumptions regarding domestic violence that have been 15 rejected by reputable professional organizations, such as, but not 16 limited to: (i) the assumption that women or children frequently make 17 false allegations of abuse, (ii) the assumption that a parent's efforts 18 to protect a child from abuse by another parent is evidence of unwill- 19 ingness or inability to cooperate with that parent, (iii) the assumption 20 that one parent alienates a child from the other parent due to a patho- 21 logical medical syndrome, and (iv) in cases involving domestic violence 22 or child abuse, the assumption that one parent can and should support a 23 child's relationship with the other parent; and 24 (m) the appropriate experience and qualifications for child custody 25 evaluators and expert witnesses involved in court proceedings in which 26 domestic violence has been alleged. 27 2. Such program or programs shall be developed and delivered in coor- 28 dination with an organization designated by the federal department of 29 health and human services to coordinate statewide improvements within 30 local communities, social service systems and programming regarding the 31 prevention and intervention of domestic violence in New York state and 32 the office for the prevention of domestic violence. 33 3. Attendance at such program or programs shall be counted toward 34 fulfillment of the training and education requirements for justices, 35 judges, and court clerks established by the chief administrator of the 36 courts. 37 § 2. Section 837 of the executive law is amended by adding a new 38 subdivision 24 to read as follows: 39 24. Require that law enforcement officers shall attend for no less 40 than ten hours every two years, a program or programs developed by the 41 office for the prevention of domestic violence and approved by the divi- 42 sion addressing issues relating to domestic violence. 43 § 3. This act shall take effect immediately.