New York S 492: Relates to domestic violence training for judges, court clerks and law enforcement officers

Bill Text

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S00492 Summary:

BILL NOS00492 

&nbsp

SAME ASSAME AS A07952

&nbsp

SPONSORFERNANDEZ

&nbsp

COSPNSRHINCHEY, RAMOS

&nbsp

MLTSPNSR

&nbsp

Add §39-c, Judy L; amd §837, Exec L

&nbsp

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 S00492 Actions:

BILL NOS00492 

&nbsp

01/08/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS00492 Committee&nbspVotes:

Go to topS00492 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00492 Text:

 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