| NEW YORK STATE LAWS
Thank you to the NYSOPDV
2010 New York State DV and Related Laws
Chapter 41 of the Laws of 2010, effective immediately on April 14, 2010, amends all of the statutes referring to a "Law Guardian" by requiring the term be changed to "Attorney for the Child" or other similar terms other than Law Guardian. The statute is to clarify the role of the appointed attorney as an attorney, not as a Guardian. The chapter amends a multitude of laws, including the Family Law, the Domestic Relations Law, the CPLR, the Judiciary Law and other laws to reflect the new terminology.
Puerto Rican birth certificates will become void as of July 1, 2010 - part of a new law designed to reduce identity theft and passport fraud. The Commonwealth of Puerto Rico Department of Health will issue new birth certificates to people upon request. There will be a $5 charge. If you were born in Puerto Rico, you will need to reapply. The address for the Department of Health in Puerto Rico is: Demographic Registry, P.O. Box 11854, San Juan, Puerto Rico 00910. You will need to provide photo identification to receive a new birth certificate and send a $5 money order. Checks are not accepted. Make your money order payable to the Secretary of the Treasury. Also include a self-addressed stamped envelope so the certificate can be mailed to you.
Haitian TPS and Medical Assistance Eligibility, January 28, 2010. Haitian applicants for Temporary Protected Status will be eligible for New York's publicly funded medical assistance program if they meet all other financial and non-financial eligibility requirements.
Public Assistance Budgeting and the New Child Support Distribution Rules. January 16, 2010
On October l, 2009, the rules regarding the distribution of child support arrears to families on public assistance changed. Families who apply for public assistance on or after that date will have child support arrears disbursed directly to them even though they receive assistance. The arrears of recipients of public assistance who assigned their child support rights to the local social services district before October 1, 2009, will continue to be collected and retained by the local social services district.
Electronic Transmission of Orders of Protection – A.10410 Rosenthal / S.7289 Sampson Allows Family Courts and Supreme Courts to fax or electronically transmit temporary and final orders of protection, and any accompanying papers, to local police agencies for service on respondents. This will allow for easier and faster service of orders from Family Court and in matrimonial cases.
Amends Family Court Act §153-b and Domestic Relations Law §§240 & 252
Effective: July 30, 2010 Chapter 261
Confidentiality of Voter Registration Records – A.9368-A Gabryczak / S.5945-A Foley
Allows a domestic violence victim to apply to the Supreme Court in the county where the victim lives, for a court order requiring the County Board of Elections to keep her registration information, including residential address, separate and not available to the public. Victims of a family offense or violent felony, where the act resulted in emotional or physical injury, or the substantial risk of emotional or physical harm, are eligible, if they meet the definition of family/household member. Creates Election Law §5-508
Effective: May 5, 2010 Chapter 73
Special Absentee Ballot – A.3910-A Gabryczak / S.1535-A Morahan. Amends a 1996 law that permitted victims of domestic violence to vote by special absentee ballot. The new 2010 amendment expands the original requirement that a victim must have left the original residence due to threats of physical harm, to now include threats of emotional harm. The new law also expands eligibility by adopting a variation on New York’s definition of family or household member, including intimate partners. Amends Election Law §11-306 Effective: April 14, 2010 Chapter 38
2009 New York State Domestic Violence and Related Laws
Effective December 19, 2009, the five year bar for food stamps, TANF, SSI and federal Medicaid eligibility no longer applies to Iraqi and Afghan citizens who entered the U.S. with Special Immigrant Visas rather than as refugees or asylees. Prior to this date, their eligibility for these federal means tested benefits had been limited to a period of eight months. They are now to be treated the same as refugees and asylees for benefit purposes by virtue of an amendment contained in the Department of Defense Appropriation Act of 2010 (P.L. 111-118).
Omnibus Domestic Violence Bill (A.9017 Weinstein/S.5031-A Hassell-Thompson)
Makes numerous changes to various state laws, including:
- requires judges to state on the record how domestic violence and/or child abuse were factored into custody and visitation decisions
- strengthens domestic violence training for attorneys for children (law guardians)
- requires law enforcement to forward domestic incident reports to probation and parole officers
- provides for certain violation-level harassment convictions to remain unsealed and accessible to law enforcement, thereby, providing a more complete history of abuse
- protects victims of sexual assault committed by a family or household member by designating certain low-level sexual assault crimes as family offenses, requiring that mandatory arrest provisions apply and allowing victims to petition Family Court for orders of protection, which would be required to be filed with the statewide registry
Signed: September 16, 2009 Chapter 476.
Effective: multiple provisions with varying effective dates
Employment Discrimination (A.755 Paulin-A/S.958-B Johnson)
Establishes victims of domestic violence as a protected class in the employment provisions of the NYS human rights law. The new law prevents an employer from firing or refusing to hire an individual based on their status as a victim of domestic violence and prevents discrimination in compensation or in the terms, conditions or privileges of employment. Effective: July 7, 2009 Chapter 80
Divorce/Assets and Benefits Protection (A.2970 Weinstein / S.2974 Sampson)
Requires orders to be issued by the court, at the beginning of any divorce proceeding, to prevent both parties from incurring unreasonable debts, dissipating assets (including personal property, real estate, retirement funds, etc.), or removing a party or the children from health or life insurance policies. Effective: September 1, 2009 Chapter 72
Sexual Abuse (A8781 Paulin/S6071 Saland)
An act to amend the penal law, in relation to aggravated sexual abuse. To make the aggravated sexual abuse statutes consistent with the criminal sexual act statutes by adding the word "anus" shall be added to the list of certain body parts in the definition of "foreign object." Effective 1/10/2010
Prohibiting Requirement of Victim/Abuser Contact For Services (A.3843-A Rosenthal/S.5036/Hassell-Thompson)
Prohibits the state or any local government from requiring a victim to contact an abuser in order to meet eligibility for services or benefits. If a victim provides informed consent, or if information is needed to comply with federal law, regulation or mandate, the governmental entity must provide an intermediary to make contact on behalf of the victim, in a manner that will protect the privacy, confidentiality and current location of the victim. Effective: December 15, 2009 Chapter 428
NYS Colleges Address Domestic Violence/Stalking (A.2714 Glick/S.2296 Stavisky)
Requires NYS colleges to address domestic violence and stalking by providing incoming students with information on prevention, laws, penalties and the college’s response to any incidents or offenses, including assistance for victims. The bill also requires a review of campus policies and procedures for educating the school community, including personnel, on reporting of incidents during investigations, referring complaints to proper authorities and counseling victims.
Effective: April 7, 2009 Chapter 13
Sexual Assault Services Information/Public Assistance (A.3378 Rosenthal/ S.4077/Squadron)
Requires local social services districts to inform anyone applying for/receiving public assistance of their option to receive an information packet on sexual assault. The packet will contain referral and contact information for local programs that provide services to victims of sexual assault, including counseling and hotline services, rape crisis centers and sexual assault examiner programs.
Effective: March 15, 2010 Chapter 427
Name Change Protections (A.3468 Scarborough/S.4334 Kruger) Extends protections for individuals seeking a name change. The NYS Civil Rights Law allowed a judge to seal court documents and other records associated with a name change, and to waive the requirement that the change be published in a local paper, if the court found that disclosing this information would jeopardize the safety of the person requesting the change. The new law requires the judge to order the sealing and safeguarding of all information from the time the case is opened, rather than waiting until a final decision is reached. Effective: July 7, 2009 Chapter 83
Unemployment Insurance Benefits (A.8273 Meng/S.4110-A Onorato) Makes several amendments to the Labor Law, including extending unemployment benefits in periods of high unemployment and providing benefits to individuals who separate from employment for a “compelling family reason.” A compelling family reason includes domestic violence and expands prior law, which covered victims, to include cases where the safety of an immediate family member is at risk. Effective: May 20, 2009 Chapter 35
Criminal Mischief Amendment (A.2006 Weinstein/S.4306 Schneiderman)
Amends Chapter 601 of 2008. The interpretation of "property of another" made prosecuting criminal mischief charges difficult because individuals could assert the defense that, as one of the owners, they were entitled to damage joint property. Chapter 601 clarified that an individual who damages property that is co-owned with another person can be prosecuted for criminal mischief. The law included a requirement of explicit consent from a co-owner in order for the other owner to believe that s/he has a right to damage the property. A.2006 removes the requirement of explicit consent to allow for circumstances where jointly-owned property may be destroyed or discarded, based on consent that is implied rather than expressed. Effective: May 29, 2009 Chapter 45
Mandatory Arrest Extension (A.156-B/S.56 - Article VII Budget Bill)
Extends the mandatory arrest provision for family offenses for two more years, until 9/1/2011-Effective--4/7/2009-Chapter 56.
Custody in Military Cases – (A.8789 Ortiz/S.6037 Aubertine)
Makes technical and procedural changes to Chapter 576 of the Laws of 2008, which allowed amended custody and visitation orders to be deemed temporary in cases where one parent was activated, deployed, or temporarily assigned to the military. The military service person could reopen the custody proceeding for the courts to determine if their return from service constituted a “sufficient change in circumstance” to allow modification of an order. The new law changes the order altering custody from a “temporary” order to a “modification” of an order and establishes that the returning parent automatically has legal standing to challenge the modification, on the grounds that their return is, by itself, a “substantial change in circumstances.” Effective: November 15, 2009 Chapter 473
Custody/Registries Check – Amendment (A.2004-A Weinstein/S.5697 Sampson) Makes technical and procedural changes to Chapter 595 of the Laws of 2008, which requires judges to review reports of the sex offender registry, the statewide computerized registry of warrants and orders of protection, and any related Article 10 decisions from child abuse and neglect proceedings, before issuing a permanent (or successive temporary) order of custody or visitation. The law did not require these checks for an initial temporary order of custody, however, checks were to be completed when a subsequent order was issued after more than one month had passed since the first temporary order. A.2004-A addresses the implementation challenges of checking all three databases for every custody or visitation case by lengthening to ninety days the time allowed between reviews of databases before issuing a successive temporary order of custody or visitation. In addition, in signing Chapter 595 in 2008, the Governor noted the difficulties with name-based record checks of outstanding criminal warrants. To address this concern, A.2004-A limits the required warrant check to Family Court warrants. Effective: August 11, 2009 Chapter 295
Crime Victims Board Awards/Children (A.8060 Markey/S.3402 Hassell-Thompson)
Clarifies that the Crime Victims Board (CVB) may make certain awards to child victims, including compensation for certain personal property damage, expenses of transportation to court, and counseling expenses, even in the absence of physical injury. This is a technical amendment that clarifies conflicting language regarding child victims in the Executive Law and codifies what has been CVB practice. Effective: July 28, 2009 Chapter 272
Divorce/Health Insurance (A.7561 Bradley/S.2851-A Sampson)
Repeals section 177 of the Domestic Relations Law, which was intended to insure that divorcing spouses are made aware of the potential loss of health care coverage, depending on the terms of their insurance plan, when that coverage had been obtained through one spouse. A.7561 creates a new section 255, which provides for notification of the health insurance provisions to both parties, but gives judges greater discretion in insuring the time and method of notification.
Effective: October 9, 2009 Chapter 143
2008 New York State Domestic Violence and Related Laws
The Following Bills Have Been Signed Into Law by the Governor:
Family Court Access (A.11707 Weinstein/S.8665 Winner)
Amends the criminal procedure law and the Family Court Act to allow more victims to seek an order of protection in Family Court. The new law expands the definition of family/household member to include victims who are or have been in an intimate relationship, regardless of whether they have lived with the abuser or whether the relationship is of a sexual nature. This will include LGBT and dating relationships (including teens). There are no age restrictions for teens accessing orders of protection in Family Court; nor are teens required to have permission from a parent or guardian or to be accompanied by an adult to proceed in Family Court. Some judges may decide to appoint a law guardian ad litem for a minor, but are not required to do so. Minors accompanied by their own attorney, do not need parent or guardian consent or notification. Mandatory arrest provisions will apply to these relationships when a crime has been committed. Previously, only individuals who are or have been married, share a child in common or are related by blood or marriage were eligible for an order of protection in Family Court.
EFFECTIVE: July 21, 2008 Chapter 326
Custody/Child Abuse Allegation (A.7089-A Bing / S.6201-A Duane)
Prevents a parent from being penalized in custody and visitation decisions, when the parent made a good faith allegation that a child is the victim of abuse, neglect or domestic violence, or when the parent takes any subsequent actions to protect or seek treatment for the child. The law also requires the court to consider any allegations of abuse when determining visitation and prohibits granting custody to a parent who presents a substantial risk of harm to the child.
EFFECTIVE: September 4, 2008 Chapter 538
Joint Property/Criminal Mischief (A.6308-A Weinstein / S.2061-A DeFrancisco)
Clarifies in penal law, specific to the crime of criminal mischief, that “property of another” applies to property that is jointly owned, allowing criminal mischief charges to be brought when two individuals jointly own property and one damages the property. This bill makes it clear that an abuser can no longer claim that, because he was a joint owner of property, he had the right to destroy the property.
* In signing the new law, the Governor expressed concern that the language providing a defense to damaging property requires a co-owner to have given consent to such action. Given that a spouse or co-owner could damage or discard jointly-owned property for various innocent reasons, the Governor requested, and the Legislature has agreed, to amend the law during the next session to eliminate the rigid requirement of explicit consent from co-owners. (Approval Message #40)
EFFECTIVE: November 1, 2008 Chapter 601
Safe Harbour For Sexually Exploited Children Act (A.5258-C Scarborough / S.3175-C Volker)
Consistent with the treatment of adult trafficking victims under New York’s 2007 Anti-trafficking Law, this law offers a supportive, service-based, non-criminal response to children who are “sexually exploited,” as defined by the new law. Requires social services districts to identify the use of existing youth services, and to the extent that funds are available, provide preventive services, such as short-term safe houses. Requires the Family Court, with certain exceptions, to treat a youth under age 18 as a Person In Need of Supervision (PINS), rather than a juvenile delinquent, when arrested for prostitution . Non-compliance by the youth may result in the case being converted back to a juvenile delinquency proceeding. The NYS Office of Children and Family Services is required to contract with an appropriate community agency to operate at least one safe house in NYS, in a location that can protect children in a geographic region of high need.
EFFECTIVE: April 1, 2010 Chapter 569
Undocumented Alien Shelter Reimbursement (A.10228 Paulin / S.7185 Saland)
Makes undocumented immigrant victims of domestic violence eligible for domestic violence services in New York State. This change will allow domestic violence service providers to be reimbursed for residential services provided to these victims.
EFFECTIVE: September 25, 2008 Chapter 584
Order of Protection/Supervision or Detention (budget bill)
Requires criminal and family courts to provide a copy of an order of protection to the state or local correctional or jail facility where a defendant/respondent will be detained or to the supervising probation department or Division of Parole. The new law also provides probation officers with access to the domestic violence order of protection registry, subject to appropriate confidentiality laws.
EFFECTIVE: April 1, 2008 Chapter 56, Part D
Preventing Emergency Call (A.614 Paulin / S.2452 Saland)
Makes it a crime to prevent a person from communicating a request for emergency assistance by intentionally disabling or removing communication equipment, such as a telephone or teletypewriter device (TTY). The new crime was added to criminal mischief in the fourth degree, making it a class A misdemeanor.
EFFECTIVE: July 6, 2008 Chapter 69
Custody/Registries Check (A.11657-A Weinstein / S.8569-A DeFrancisco)
Requires judges to review the following records, prior to issuing a permanent or successive temporary order of custody or visitation:
- reports of the sex offender registry
- reports of the statewide computerized registry of orders of protection
- any related Article 10 decisions from child abuse and neglect proceedings
The law does not require these checks for an initial temporary order of custody. However, checks must be completed when a subsequent order is issued after more than one month has passed since the first temporary order. The law also requires the Office of Children and Family Services (OCFS), in conjunction with the Office of Court Administration, to conduct a study assessing the feasibility of connecting court computers to the OCFS computer system for the purpose of accessing the State Central Register of Child Abuse and Maltreatment (SCR).
* In signing the new law, the Governor noted that several concerns had been raised over the limitations and problems involved in using information from the SCR. He requested that, in addition to examining technological feasibility, OCFS include in the study an analysis of any policy or programmatic concerns that would result if access to SCR records was granted. (Approval/Message/#38)
EFFECTIVE: March 24, 2009 Chapter 595
Child Protective Services/Criminal History Records (A.4425-A Mayersohn / S.2978-A/Robach)
Provides child protective services personnel with access to the criminal history records of individuals named in a report of suspected child abuse or individuals living in the home of a child suspected of being abused or maltreated. The law authorizes access for a local child protective agency manager or a person with law enforcement background that is designated by the local social services commissioner. If a conviction record is found in the NYS Division of Criminal Justice Services’ criminal history records, the new law specifies that child protective services “shall not indicate a report” solely on the basis of such conviction.
EFFECTIVE: September 25, 2008 Chapter 602
Custody/Military Law (A.8722-A Ortiz / S.5860-A Rath)
Prohibits a permanent change in custody, and establishes standards and procedures for a temporary change in custody, while a parent is activated, deployed, or temporarily assigned to military service. If a temporary change is sought, a law guardian must be appointed to represent the child. The law provides guidance for facilitating contact while the military parent is away, establishing a parenting schedule when the parent is on leave and reviewing circumstances when the parent returns, to determine if there should be a change or modification to the custody order.
EFFECTIVE: March 24, 2009 Chapter 576
Child Abuse/Multidisciplinary Teams (A.7858-E Destito / S.5482-E Griffo)
Seeks more efficient delivery of services to victims by improving the collaboration of local multidisciplinary teams that investigate child abuse and maltreatment. The law expands team membership, clarifies member participation, and encourages joint interviews of child victims to minimize trauma. Clarifies the types of cases that a team may investigate by replacing the current generic reference to “cases involving serious abuse of children” with language that references the Family Court Act definition of an abused child, and specifically adds cases involving sexual abuse or the death of a child.
EFFECTIVE: March 24, 2009 Chapter 574
Mandated Reporters/Alcohol and Substance Abuse Professionals (A.10664 Ortiz / S.7536 Kruger)
Expands the list of professionals required to report suspected child abuse or maltreatment to include “all persons credentialed by the office of alcoholism and substance abuse services.” Substance abuse counselors and alcoholism counselors are already mandated reporters. The new law includes more recent credentials offered by the Office of Alcoholism and Substance Abuse Services, including, prevention professional and prevention specialist.
EFFECTIVE: July 21, 2008 Chapter 366
Aggravated Harassment/Digital Technologies (A.9673 Flanagan / S.7994 Spano)
Clarifies that any written communication “transmitted or delivered” with the intent to cause annoyance or alarm constitutes aggravated harassment. The definition of “written communication” is expanded to include newer digital technologies, such as compact disc and DVD recordings.
EFFECTIVE: December 3, 2008 Chapter 510
Order of Protection/Pets (A.8855-A Rosenthal / S.4541-A Kruger)
Amends the 2006 law that authorized the inclusion of companion animals or pets in criminal or family court orders of protection to now include orders issued in Supreme Court matrimonial cases. In addition, the new law changes the language referring to “petitioner” to read “the person protected by the order” in orders of protection issued under sections of the Family Court Act where the government or prosecutor, rather than the victim, petitions the court (i.e., child support, juvenile delinquency, etc.).
EFFECTIVE: July 6, 2008 Chapter 532
Free Credit Report Freeze (A.8634-D Pheffer / S.5543-E Fuscillo)
Allows victims of domestic violence to protect their credit reports by placing, or temporarily lifting, a freeze on their credit report, without charge. To be eligible, victims must have an order of protection, a DIR (domestic incident report), a police report, or a signed affidavit from a service provider. Prohibits credit reporting agencies from sharing with any third party the basis for the requested freeze.
EFFECTIVE: August 5, 2008 Chapter 406
Judicial Hearing Officer Pilot Program (A.8781 John / S.5938 Nozzolio)
Extends for three more years, until July 21, 2011, the use of judicial hearing officers to issue orders of protection in the Family Courts of the seventh and eighth judicial districts, when application for an order occurs after 5:00 P.M. These districts include the counties of western New York. Currently, Monroe and Erie counties are utilizing this option.
EFFECTIVE: July 21, 2008 Chapter 290
Judicial Hearing Officer/Referee Extension (A.11459 Weinstein / S.8303-A Defrancisco)
Extends for another three years, until September 1, 2011, the use of judicial hearing officers (JHO) and referees to issue orders of protection in New York City Family Courts, when application for an order occurs after 5:00 P.M.
EFFECTIVE: July 7, 2008 Chapter 216
Physicians Assistants/Sexual Assault Forensic Examiners (A.10395-AGottfried / S.7629 Hannon)
Authorizes licensed physician assistants to act as sexual assault forensic examiners when they have been trained and certified in the examination and preservation of forensic evidence in sexual assault cases.
EFFECTIVE: July 21, 2008 Chapter 292
New York State Domestic Violence Advisory Council Membership (A.10489-A Seminario / S.7437-A Kruger) Adds two new members to enhance the effectiveness of the New York State Domestic Violence Advisory Council: the Department of Correctional Services and the Division of Parole. Both agencies enforce orders of protection against individuals under their supervision work with abusers and victims who are incarcerated or who are released under parole supervision, and deal with victim safety in the community.
EFFECTIVE: July 7, 2008 Chapter 255
The following bills have been vetoed by the Governor:
Forensic Exam Reimbursement (A.5206-B Paulin /S.5052-A Saland)
Provides for the Crime Victims Board (CVB) to directly reimburse hospitals and child advocacy centers for forensic assessment of possible child abuse victims.
Veto #110
Veto message supported the use of child abuse pediatricians for child abuse exams, but raised concerns about expanding direct provider reimbursement by CVB (traditionally, a direct reimbursement mechanism for crime victims). The message referenced potential unintended consequences, such as a gap between when the bill will be implemented in 2008 and when the state will certify child abuse pediatricians in 2010. Another unintended effect noted is the potential cost that could occur as a result of the bill’s broad language, which includes every case reported to the child abuse registry, in addition to examinations requested by law enforcement personnel or by the hospital treating the child. In considering reimbursement to health care providers for these examinations, the Governor proposed taking more direct steps to do so through enhancing private insurance or government health benefit programs.
Victim Service Notification (A.9641 Gunther / S.6906 Volker)
Requires the courts to inform victims of the opportunity to register a telephone number with the state's victim notification system and requires notification when a criminal ex-parte order of protection or summons has been served. Also requires local law enforcement or any government agency responsible for serving ex parte orders of protection to record service in a law enforcement database/electronic record keeping system.
Veto #16
Veto message supported the intent of the bill to provide timely notice to victims when an order of protection has been served, but notes major flaws in the bill. The bill is unclear as to how the current order of protection registry would connect with the current VINE victim notification system, what the role of court clerks would be, and ultimately, how victims would be notified. Further, the bill only applies to criminal court, leaving Family Court cases without a remedy. The veto message directs OPDV to work with the Legislature, and other relevant agencies, to develop effective ways to address the problems posed by victim notification.
2007 Laws
Criminal Law:
Human Trafficking (A.8679 Dinowitz / S.5902 Padavan)
Establishes the state’s first law to strengthen penalties against human trafficking and provide assistance to victims:
- creates a class B felony for those who engage in sex trafficking and a class D felony for labor trafficking
- clarifies current law to address “prostitution tourism”-- knowingly selling travel-related services to facilitate prostitution (class D felony of promoting prostitution in the third degree)
- addresses the demand for prostitution by elevating the lowest level crime of patronizing a prostitute from a B to an A misdemeanor
- establishes an interagency task force, co-chaired by DCJS and OTDA, to coordinate implementation of the new law, collect data on trafficking, and recommend best practices for training and community outreach
- trafficking victims who have not been eligible for services because they are not U.S. citizens, or because they are foreign nationals who have not yet been certified as eligible for federal assistance programs, can now receive social services assistance from the state
- services include case management, emergency temporary housing, health and mental health care, drug addiction screening and treatment, language and translation services, and job training
- assistance is now available to coordinate with the federal government to obtain special visas that allow victims to testify against traffickers and facilitate future eligibility for refugee status
EFFECTIVE: November 1, 2007 Chapter 74
Mandatory Arrest Extension (Budget Bill ~ A.4306-C / S.2106-C)
Extends the mandatory arrest provision for family offenses for two more years, until September 1, 2009.
EFFECTIVE: April 9, 2007 Chapter 56
Criminal Mischief Added to Family Offenses (A.8854-A Weinstein / S.4542-A Kruger)
Adds criminal mischief to the list of crimes defined as a “family offense” in the Family Court Act and criminal procedure law.
EFFECTIVE: November 13, 2007 Chapter 541
Firearms/Licenses & Surrenders (A.618-A Paulin / S.4066 Robach)
Lowers the required level of injury from serious physical injury to physical injury for two provisions in the criminal procedure law: requires a criminal court, when issuing a temporary order of protection, to suspend a firearm license, order an individual ineligible for such a license and order the immediate surrender of all firearms owned or possessed by that individual, if the court receives information that the gun licensee was previously convicted of willfully violating an order of protection by inflicting physical injury upon another person requires a criminal court to revoke a firearm license, order an individual ineligible for such a license and order the immediate surrender of all firearms owned or possessed by that individual, if found to have willfully violated an order of protection by inflicting physical injury upon another person. EFFECTIVE: August 2, 2007 Chapter 198
Detainer Warrant (A.8592-B Aubrey / S.6352 Lanza)
Allows the director or deputy director of a local probation department to issue a warrant for a probationer who has violated a condition of probation to be taken into custody and detained if it is determined that s/he presents a sufficient safety risk. The law applies to probationers serving a probation sentence for conviction of certain sex offenses or a family offense, or is a youthful offender adjudicated for these crimes, and only in circumstances where the judge of the sentencing court or an alternative court is not available to issue a warrant. This is a three year pilot project to be conducted in four counties, to be selected by the Division of Probation and Correctional Alternatives (excludes New York City).
EFFECTIVE: July 18, 2007 Chapter 377
Orders of Protection:
Fees for Service of Orders of Protection ( A.7370 Hyer-Spencer / S.4020 Volker)Prohibits sheriffs from charging a victim to serve an order of protection, or any additional papers that accompany the order (custody, child support, etc.).
EFFECTIVE: May 21, 2007
Chapter 36 Temporary Order of Protection With a Securing Order (A.8193 Weinstein / S.4538 Kruger)
Allows a criminal court to issue a temporary order of protection when a securing order is issued and a defendant is committed to the custody of the sheriff. This provision would prevent a jailed defendant from communicating with a victim by telephone, mail, or other means.
EFFECTIVE: July 1, 2007 Chapter 45
Family Court:
Electronic Transmission of Orders of Protection (A.7554-C Rosenthal / S. 4704-C Volker)
Allows the Family Courts in nine counties to participate in a three-year experimental program to file orders of protection electronically, or by facsimile transmission, with the appropriate police department or sheriff’s office -- eliminating the need for victims to personally transport orders to law enforcement. The designated counties include: Albany, Erie, Kings, Monroe, Nassau, New York, Onondaga, Richmond, and Westchester. EFFECTIVE: July 18, 2007 Chapter 330
Criminal Mischief Added to Family Offenses (A.8854-A Weinstein / S.4542-A Kruger) – see Criminal Laws
Housing:
Residential Lease Termination Orders (A.3386 Heastie / S.1922 Robach Chapter 73)
Residential Lease Termination Amendment (A.9244 Heastie / S.6351 Robach Chapter 616)
The residential lease termination bill was signed into law on June 4, 2007. It was amended on August 15, 2007. Together, the original law and the amendment authorize courts to issue orders terminating the lease or rental agreement of a domestic violence victim who has obtained an order of protection and can prove that she is at substantial risk if she remains in the dwelling. The law requires multiple procedural steps:
- the victim must first request that the landlord release him/her from the lease
- the victim’s financial obligations to the landlord must be satisfied
- the victim must give notice to the landlord and any co-tenant
- the lease may be bifurcated between the co-tenant and the victim, if the co-tenant does not object The provisions of the law went into effect on October 1, 2007.
Child Welfare:
Differential Response in CPS Cases (A.6610-B Paulin / S.4009-B Rath) Allows local social services districts, with approval from the Office of Children and Family Services, to establish a differential response program for reported cases of child abuse or maltreatment. In addition to the traditional “investigation” option, a direct can create an assessment and services track. The law requires OCFS to consult with OPDV in developing criteria for case eligibility and for local district participation.
EFFECTIVE: August 1, 2007 Chapter 452
Social Services Workers as Mandated Reporters (A.1693-A Tonko / S.849-A Farley)
Expands the duty of social services workers to report to the State Central Registry any case where there is reasonable cause to believe that, based on personal knowledge facts, conditions or circumstances reported to them by third parties, a child has been abused or maltreated.
EFECTIVE: October 15, 2007 Chapter 513
Sex Offenses/Offenders:
HIV Testing in Sex Offense Cases (A.9256 Mayersohn / S.6357 Saland) Authorizes a criminal court to order a defendant, in certain felony-level sex offense cases, to submit to HIV testing when an indictment has been issued or the case is proceeding in Supreme Court: a defendant must submit to HIV-related testing within six months after the date of the crimes charged, when testing would provide medical or psychological benefit to the victim the victim must be notified of the test results and offered follow-up testing, if medically appropriate hospitals are required to provide information and appropriate therapies to sex offense victims who have been exposed to HIV and to advise victims of the availability of crime victim compensation for treatment. EFFECTIVE: November 1, 2007 Chapter 571
Sex Offender Management and Treatment Act (A.6162 Silver / S.3318 Volker) Allows the State to continue managing sex offenders after the expiration of their criminal sentences, either by indefinite civil confinement of those individuals determined to be the most dangerous predators, or by permitting strict, intensive longer periods of parole supervision for offenders who pose a lower risk of harm: streamlines civil commitment procedures mandates treatment for all sex offenders – both during incarceration and after release eliminates parole for Article 130 sex offenses creates a new crime of "sexually motivated felony" creates a new Office of Sex Offender Management in the Division of Criminal Justice Services, which will be responsible for developing comprehensive policies and standards for the evaluation, treatment and management of sex offenders. EFFECTIVE: April 13, 2007 Chapter 7
Sex Offender Registry – Failure to Register (A.7512-A Weisenberg / S.6277 Skelos)
Increases the penalty for failing to register or verify as a sex offender, as required by the Sex Offender Registry Act. Current penalties for failure to register would increase from a class A misdemeanor to a class E felony for a first offense and from a class D to class E felony for a second or subsequent offense.
EFFECTIVE: August 17, 2007 Chapter 373
Thank you to the New York State Office of the
Prevention of Domestic Violence
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