•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A07952 Summary:

BILL NOA07952
 
SAME ASSAME AS S00492
 
SPONSORTorres
 
COSPNSR
 
MLTSPNSR
 
Add §39-c, Judy L; amd §837, Exec L
 
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; requires law enforcement officers to complete ten hours of domestic violence training every two years.
Go to top

A07952 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7952
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 16, 2025
                                       ___________
 
        Introduced by M. of A. TORRES -- read once and referred 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

        A. 7952                             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.
Go to top