Victim Resource Center of the Finger Lakes, Inc. 

 
NEW YORK STATE LAWS

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2016 New York State Domestic Violence and Related Laws

Judicial Hearing Officer/Referee Authority - A.9686 Bronson S.7351 Bonacic

Provides for another two-year extension of two provisions of the Judiciary Law. One provision grants Family Court referees the authority to issue ex parte orders of protection and orders issued on default at any time the court is in session. The second provision authorizes a Judicial Hearing Officer pilot program in Family Court and grants hearing officers the authority to issue ex parte orders of protection and orders where the respondent has defaulted. The pilot program covers the seventh and eighth judicial districts in western New York.
Signed: June 1, 2016 Chapter 48      Effective: June 1, 2016
Amends: unconsolidated law affecting Judiciary Law §212(2)(n) and (o)

Female Genital Mutilation - A.47-a Paulin/S.3484-A Lanza

Establishes the new crime of “facilitating female genital mutilation,” intentionally aiding in the commission or attempted commission of the crime of female genital mutilation of a minor under 18 years of age.
Signed: June 8, 2016   Chapter 49     Effective:  September 6, 2016
Amends: Penal Law creating a new §260.22

Enforcement of Child Support or Spousal Support Orders - A.7253 Weinstein/S.5189 Bonacic

Eliminates the requirement that other enforcement remedies must be exhausted before a person who fails to pay child support and/or spousal support can be held in contempt by the court in a matrimonial proceeding.
Signed: September 29, 2016   Chapter 365     Effective:  September 29, 2016
Amends:  Domestic Relations Law §245

 
2015 New York State Domestic Violence and Related Laws
 
The following bills have been signed into law by the Governor:
 
Temporary Orders of Protection – A.6262 Joyner/S.6 Young
Establishes a pilot program in several Family Courts to allow the electronic filing of petitions and issuing of temporary orders of protection by audio-visual means. This will provide emergency relief for victims who find traveling to, or appearing in, the courthouse, an undue hardship or a risk to their safety. Signed: October 21, 2015 Chapter 367 Effective: April 1, 2016 Amends: Family Court Act §153-c; Judiciary Law §212(2) new paragraph (t); Executive Law §648
 
Translation of DIR Statements and Victim Rights Notice – A.4347 Davila/S.4288 Hoylman
Requires police to have a victim’s statement on a domestic incident report translated when the statement is not in English. The victim rights notice, which must be given to all victims when a domestic incident report is completed, must be translated by the state and made available to law enforcement agencies. Victim statements and the notice must be translated into those languages most frequently spoken in New York State. Signed: November 20, 2015 Chapter 432 Effective: February 18, 2016 Amends: Executive Law §§214(b), 837(15), 840(3)(f); Criminal Procedure Law §140.10(5)
 
Campus Sexual Assault and Interpersonal Violence - A.8244 Glick/S.5965 Lavalle
Requires all colleges to adopt a set of comprehensive procedures and guidelines to combat sexual assault, intimate partner violence and stalking on college and university campuses statewide. In addition to required prevention and response policies and procedures, the “Enough is Enough” law includes a uniform definition of affirmative consent for sexual activity, a statewide reporting amnesty policy, confidentiality provisions and expanded access to law enforcement, to help ensure the safety of all students attending colleges in New York State. Signed: July 7, 2015 Chapter 76 Effective: October 5, 2015; provisions requiring campus climate assessments and annual reporting of aggregate data to the State Department of Education take effect on July 7, 2016 Amends: Education Law by creating a new Article 129-B (§§6439 – 6449); Civil Practice Laws & Rules R3016; Executive Law by adding a new §232
 
Trafficking Victims Protection and Justice Act– A.506 Paulin/S.7 Lanza
Improves the State's response to human trafficking. Increases the accountability of buyers and traffickers by adding new offenses to address patronizing a minor for prostitution and increasing penalties for sex trafficking. Eliminates the term “prostitute” in the Penal Law and replaces it with “patronizing a person for prostitution.” Requires the development of policies and materials for new and veteran police officers to use in assisting trafficking victims. Signed: October 21, 2015 Chapter 368 Effective: January 19, 2016 Amends: multiple sections of Penal Law §§60.13, 70.02(1)(a) & (c), 70.80(1)(a), 135.35, add 135.37, 460.10(1)(a), 700.05(8)(b) & (h), add 230.01, 230.02(1), 230.03(2), 230.04 - 230.10, add 230.11 – 230.13, 230.15(1) & (2), 230.19(1), 230.25(1), 230.30. 230.32, 230.33, 230.35, 230.40, 240.37(2), 380.50(6), 440.10(1)(i), 483-bb add (c), Criminal Procedure Law §§380.50, 440.10, 700.05; Social Services Law §§483-bb & 483-cc; Civil PLR §212; Mental Hygiene Law §10.03; Correction Law §§168-a & 168-d; Vehicle & Traffic Law §509-cc, add §510-d; Public Health Law §2324-a; Real Property Actions & Proceedings Law §715; Real Property Law §231; Executive Law §840, add §214-d; §14 of Chapter 74 of 2007
 
Housing Discrimination - A.6354-B Peoples-Stokes/S.5 Robach
Prohibits discrimination in housing based on domestic violence status. Includes renting, terms or conditions of rental and eviction. Establishes a task force to study the impact of source of income and gender on access to housing. The task force will also review the Section 8 Housing Choice Voucher Administrative Plan, including voucher portability and its impact on domestic violence victims, and make recommendations for improvement. Signed: October 21, 2015 Chapter 366 Effective: January 9, 2016 Amends: Real Property Law to add §227-d and Real Property Actions and Proceedings Law to add §744
 
Orders of Protection in Sexual Assault/Probation Sentences- A.1797-A Paulin/ S.4340-B Serino Establishes the maximum length of an order of protection in sexual assault cases where the sentence is, or includes, probation. The maximum length of an order issued in criminal felony sexual assault convictions, including cases where the defendant and victim are family/household members, is fixed at ten years. In misdemeanor sexual assault convictions the maximum length of an order of protection will be fixed at six years. This corrects an inconsistency created when the law was changed in 2006 to extend the permissible duration of orders of protection in all crimes. Prior to 2006, the law already required longer probation sentences for sexual assault convictions. Without the correction, orders of protection could have expired before a defendant had completed a probation sentence. Signed: September 22, 2015 Chapter 240 Effective: October 22, 2015 Amends: Criminal Procedure Law §§530.12(5); 530.13(4)
 
Legal Name Change Protection - A.2242 Bronson/S.5240 Savino
Provides greater protection for domestic violence victims seeking a legal name change. Previously, the law allowed a waiver of the requirement to publish a name change in a designated newspaper, if the court found that publishing would jeopardize the person’s safety. This law expands the protection to clarify that the totality of the person’s circumstances must be taken into consideration when determining the threat to safety and that specific instances or a history of threats to personal safety are not required. Signed: September 22, 2015 Chapter 241 Effective: September 22, 2015 Amends: Civil Rights Law §64-a
 
Crime Victim Awards/Financial Difficulty Requirement – A.6943 Peoples-Stokes/S.4913 Gallivan Eliminates the requirement to prove financial difficulty in order to receive crime victim compensation, unless the award is for $10,000 or more. The requirement had been in effect for awards of $5,000 or more. Signed: September 25, 2015 Chapter 263 Effective: September 25, 2015 Amends: Executive Law §631(6)(a)
 
Crime Victim Awards/Grandchildren – A.8235 Peoples-Stokes/S.5956 Gallivan
Adds grandchildren to the list of relatives of a homicide victim who are eligible for crime victim compensation for counseling services. Signed: August 13, 2015 Chapter 104 Effective: August 13, 2015 Amends: Executive Law §624(1)(b)
 
Resources for Victims of Sexual Assault and Child Pornography - A.86 Paulin/S.3486 Lanza
Allows the Department of Health to promote the availability of no-cost counseling programs, education programs and advocacy services for victims of sexual offenses and child pornography promotion/possession, provided at government and not-for-profit programs. Signed: November 20, 2015 Chapter 363 Effective: January 19, 2016 Amends: Executive Law §292(5)
 
Defendant Name Change/Victim Request – A.5007-A Perry/S.1744-A Carlucci
Requires the Division of Criminal Justice Services and the Office of Victim Services to develop and distribute a uniform form that prosecutors can give to crime victims who wish to be notified of any name change petition filed by the defendant in their case. Signed: October 26, 2015 Chapter 394 Effective: November 25, 2015 Amends: Executive Law §631(6)(a)
 
Workplace Sexual Harassment Protections - A.5360 Galef/S.2 Valesky
Expands protections against sexual harassment by an employer to include all employers in New York State. Previously, the law covered employers with four or more employees. Signed: October 21, 2015 Chapter 418 Effective: November 20, 2015 Amends: Public Health Law §207(1) new paragraph
 
Fee Waivers for Certain Crimes – A.2469-A.Paulin/S.4394-A Lanza
Waives the DNA databank fee, the mandatory surcharge and the crime victim assistance fee for convictions, where the arresting charge is prostitution or loitering for prostitution, or when the court finds the defendant is a victim of sex trafficking. Signed: November 20, 2015 Chapter 246 Effective: November 20, 2015 Amends: Criminal Procedure Law §420.35(2)
 
Maintenance and Spousal Support - A.7645 Weinstein/S.5678 Bonacic
Establishes new formulas for the court to use to calculate the duration and amount of maintenance and spousal support. The law also establishes what factors can used to appropriately deviate from the formulas. Signed: September 25, 2015 Chapter 269 Effective: January 23, 2016 for all matrimonial actions and Family Court actions for spousal support commenced on or after this date; October 25, 2015 for temporary maintenance awards in matrimonial actions commenced on or after this date Amends: Domestic Relations Law §§236 & 248; Family Court Act §412
 
Mandatory Arrest Extension
Extends the mandatory arrest provision for family offenses for two more years, until September 1, 2017. Signed: Chapter 55 – Budget Bill: §17 of Part B Effective: April 13, 2015 Amends: Criminal Procedure Law §140.10(4)
 
Increased Maximum Length of Criminal Orders of Protection
Extension Extends for two more years, until September 1, 2017, the increased maximum length of criminal court orders of protection. Maximum lengths: eight years for a felony conviction, five years for a misdemeanor conviction and two years for all other offenses/violations. Signed: 2015 Chapter 55 – Budget Bill: §19 of Part B Effective: April 13, 2015 Amends: Criminal Procedure Law §§530.12(5); 530.13(4)

2014 New York State Domestic Violence and Related Laws

Family Court Judges - A.10139 Weinstein/S.7883 Bonacic

Increases the number of Family Court judges in various counties in the state. Nine new Family Court judges will be added in NYC by January 1, 2015. A new judge will be added to the following counties by January 1, 2015, after November 2014 elections: Albany, Broome, Chautauqua, Franklin, Nassau, Oneida, Oswego, Schenectady, Suffolk, Ulster and Westchester. A new judge will be added to five additional counties by January 1, 2016, after November 2015 elections: Delaware, Dutchess, Erie, Monroe and Warren.   Signed: June 26, 2014 Chapter 44    Effective: June 26, 2014   Amends: Family Court Act §§121, 131(u) and (v)

Aggravated Harassment Second Degree - A.10128 Weinstein/S.7869 Nozzolio

Addresses the issues raised in the NYS Court of Appeals decision that struck down the section of aggravated harassment that was often charged in domestic violence cases. In People v. Golb, the court decided that the language was too vague, overly broad and violated First Amendment free speech rights, by allowing for the criminalization of communication that has the intent to annoy. The original aggravated harassment law criminalized telephone or mail communications intended to harass, annoy, threaten, or alarm another person.

The new law criminalizes communications that threaten to cause physical harm to, or unlawful harm to the property of, the victim or a family/household member, which the perpetrator knows or reasonably should know will cause a victim to fear such harm. The law adds computer or any other electronic means of communication and amends other provisions of aggravated harassment second degree.   Signed: July 23, 2014 Chapter 188    Effective: July 23, 2014   Amends: Penal Law §240.30   Executive Law §631(12)

Stalking Fourth Degree/GPS - A.7720-B People-Stokes/S.4187-C Kennedy

Adds the unauthorized tracking of a person’s movements or location by GPS or other device to the meaning of “following,” where a stalker knows or reasonably should know that following, telephoning, initiating communication or contact with the victim, a family member or acquaintance will cause material harm to the mental or emotional health of the victim.   Signed: July 23, 2014   Effective: October 21, 2014  Amends: Penal Law §120.45

Unlawful Surveillance/Sexual Conduct - A.2053-C Paulin/S.1982-C Carlucci

Makes it illegal to install or use, or permit installing or using, a device to view, broadcast or record a person engaged in sexual conduct in a way that they can be identified, whether or not their intimate or sexual parts are shown.  The new law applies when this is done without the victim’s knowledge or consent and occurs at a time and place where the victim would have reasonable expectation of privacy.  The law also makes it illegal to disseminate, sell or publish these images.  Signed:  August 1, 2014 Chapter 193  Effective:  November 1, 2014  Amends:  Penal Law §250.45 - adds new sub (5); 250.55; 250.60(1)

Extension of Referee/JHO Authority and Homeowner Foreclosure Protections - A.9354 Weinstein/S.7119 Klein

Extends until 2016 the authority granted referees and Judicial Hearing Officers to hear ex-parte applications for orders of protection or orders where the respondent has defaulted. Also extends for five years the requirement of lenders to provide homeowners notice of foreclosure and provide settlement conferences to resolve financial issues to facilitate owners retaining their homes.  Signed: June 16, 2014 Chapter 29  Effective: June 16, 2014 Amends: multiple sections of unconsolidated law

Civil Rights Protections for Interns - A.8201-A O’Donnell/S.5951-A Krueger

Adds a new section to the NYS Human Rights Law titled, "Unlawful discriminatory practices relating to interns." Provides for the same protections afforded other specified classes and creates a new section prohibiting sexual harassment of interns by employers, codifying both the quid pro quo and hostile environment tests.  Signed: July 22, 2014 Chapter 97  Effective: July 22, 2014   Amends: Executive Law to add a new §296-c

Persistent Sexual Abuse  - A.2711 Simotas/S.612 Gianaris

A defendant is guilty of the crime of "persistent sexual abuse" when convicted of certain sex crimes after having been convicted of similar sex crimes two or more times in the previous ten years.  The new law excludes any prison time from the ten-year period, since the offender would not have been able to commit sex crimes in the community while incarcerated.  Signed:  August 1, 2014 Chapter 192  Effective:  November 1, 2014  Amends:  Penal Law §130.53

Women’s Health Website  - A.4465 Galef/S.3817 Hannon

Requires the NYS Department of Health to establish and maintain an Internet website to advance women's health by educating the public and raising awareness of women's health issues.  The website will also include links to useful resources and services, and information describing the 22 preventative services now covered under the Affordable Care Act, including domestic and interpersonal violence screening and counseling. Signed: September 4, 2014 Chapter 342   Effective:  September 4, 2014   Amends:  Article 2 of the Public Health Law to add a new title VI “Women’s Health”

Vulnerable Elderly Grand Jury Testimony - A.8780 Schimminger/S.7188 Nozzolio

Allows a social worker/informal caregiver to be present and support a vulnerable elderly person during grand jury proceedings.  Signed:  September 4, 2014 Chapter 347   Effective:  September 4, 2014   Amends:  Criminal Procedure Law §190.25(3)(h)

Fee Waiver for Sex Trafficking Victims - A.8812 Paulin/S.6803 Lanza  

Requires the court to waive the mandatory surcharge and the crime victim assistance fee when a defendant is found to be a victim of sex trafficking.  These are fees that all defendants must pay when they are convicted or plead guilty to an offense.  For various reasons, including personal safety, a trafficked individual may choose to plead guilty.  Signed: September 23, 2014 Chapter 385    Effective: September 23, 2014 - will apply to convictions on or after this date, as well as any cases where charges are pending as of this date, but sentence has not yet been imposed .     Amends:Criminal Procedure Law §420.35(2)

 

 

2013 NYS DV, SA, Stalking & Child Abuse Laws

 

The following bills have been signed into law by the Governor:

Financial/Economic Abuse - A.7400 Weinstein/S.5821 Robach: Addresses financial and economic abuse by adding certain crimes of identity theft, larceny and coercion to the list of family offenses in the Family Court Act and the criminal procedure law.  The new law also adds a new condition that can be included in orders of protection, requiring the abuser to return specified “identification documents,” such as a passport, immigration papers, social security card, benefits or insurance card, etc., to the protected party.

Amends:  Family Court Act §§446; 551; 656; 812(1); 821(1)(a); 842; 1056(1); Domestic Relations Law §252(1); Criminal Procedure Law §§530.11(1); 530.12(1); Signed:  December 18, 2013 Chapter 526; Effective:  December 18, 2013

 

Arrest of Victim for Order of Protection Violation Prohibited - A.6547-B Weinstein / S.6505 Robach: Prohibits victims of domestic violence from being held in any way legally responsible for violation of an order of protection under which they are the protected party.  The law takes effect immediately and applies to all orders of protection currently in effect.  This prohibition will be explicitly stated on New York State’s order of protection forms: "This order of protection will remain in effect even if the protected party has, or consents to have, contact or communication with the party against whom the order is issued. This order of protection can only be modified or terminated by the court. The protected party cannot be held to violate this order nor be arrested for violating this order."

Amends Domestic Relations Law §240(3)(b); 252(2); Adds new Family Court Act §155(3); 846(a-1), 1056(7); amends §168(3); 446; 551; 656; 759; 842; Criminal Procedure Law §140.10(4); 530.12(6) & (8); Signed: November 13, 2013  Chapter 480; Effective:  November 13, 2013, except that order of protection forms must be revised to include the new language by January 12, 2014

Corrections and Parole Officer Access to Order of Protection Registry - A.7690 Weinstein / S.4248-A Golden: Allows certain local and state corrections officers, and parole officers, access to the statewide order of protection registry. Accessing the registry will allow officers to determine if an inmate or parolee is subject to an order and what conditions must be followed in the order.

Amends Executive Law §221-a(4); Signed: September 27, 2013 Chapter 368; Effective: October 27, 2013

New Phone Number - A.6381-A Crespo / S.4442-A Parker: Requires phone companies to provide a new phone number, if requested by a domestic violence victim who has an order of protection -- within 15 days of the request and at no charge to the victim. This applies to land lines , but not cell phones. This option is added to the current requirement that phone companies provide an unlisted phone number or an alternative listing to victims who request one.

Amends Public Service Law §91(7); General Business Law §399-yy; Signed: July 31, 2013 Chapter 202 Effective: July 31, 2013
 

Crime Victim Compensation/Relocation Expenses - A.6900 Englebright / S.4344 Gallivan: Allows the Office of Victim Services to include expenses of other household members, and not just those of the victim, when making an award for relocation expenses.

Amends Executive Law §621(23); Signed: July 31, 2013 Chapter 261; Effective: October 5, 2013

Visitation/Custody of Child Conceived as Result of Sexual Offense - A. 7188-A Paulin / S.5069-A Skelos: Restricts the parental rights of individuals convicted of certain sex offenses:  rape first/second degree, course of sexual conduct against a child first degree, predatory sexual assault and predatory sexual assault against a child. When a child is conceived as a result of these offenses, the law will now presume that granting custody to, or visitation with, the offender is not in the best interest of the child. The law also prohibits notifying the offender of certain proceedings involving the child, such as foster care or adoption. 

Amends Domestic Relations Law §240 (1-c) and §111-a(1); Social Services Law §384-c(1); Signed:  September 27, 2013 Chapter 371; Effective:  September 27, 2013

Mandatory Arrest Extension: Extends the mandatory arrest provision for family offenses for two more years, until September 2015.

Amends Criminal Procedure Law §140.10(4); Signed:  2013 Chapter 55 – Budget Bill: §17 of Part E 

Increased Maximum Length of Criminal Orders of Protection – Extension: Extends for two more years, until September 2015, the increased maximum length of criminal court orders of protection.  Maximum lengths: eight years for a felony conviction, five years for a misdemeanor conviction and two years for all other offenses/violations.

Amends Criminal Procedure Law §§530.12(5); 530.13(4); Signed:  2013 Chapter 55 – Budget Bill: §19 of Part E 

Membership Camping Contracts – Amendment - A.581 Dinowitz / S.2339 Maziarz: Removes a provision that gave campground owners the authority to investigate a victim’s request to cancel a membership camping contract.  If the victim can provide documentation that the other signee of the contract perpetrated domestic violence against them, the victim’s part of the membership can be cancelled.   The campground owner cannot investigate whether the alleged abuser would present a danger to campground users or employees or take action, based on the victim’s request, to terminate the abuser’s membership.   Based on concerns for victims’ safety, this amendment was agreed upon when the Governor signed the original campership bill in 2012.

Amends General Business Law §654-a(2)(5); Signed: April 9, 2013 Chapter 17; Effective:  Back to February 13, 2013, when the 2012 membership camping contract law went into effect

 

2012 New York State DV, SA & Related Laws


White House Establishes Domestic Violence Workplace Guidance for Federal Agencies

     On April 18, 2012, the President issued a memorandum directing all federal agencies and departments to establish policies to assist federal employees who are victims of domestic violence. The President hoped to establish the federal government as a model for all employers - to respond to the effects of domestic violence on the workforce, and provide a safe workplace and support for victims.

     The Office of Personnel Management (OPM) worked with agency heads and a broad-based working group of domestic violence advocates, including representatives from several states, and with participation from OPDV, to develop a guidance that includes critical issues related to the impact of domestic violence, sexual assault, and stalking (DVSAS) in the workplace. Issues covered include: workplace flexibilities that can be employed to support a victim of DVSAS, EAP support services, building safety and security considerations, workplace options that should be considered when a potential perpetrator is in the workplace, disciplinary actions and legal considerations, as well as awareness considerations and training possibilities for staff. The guidance also includes available resources for additional information and support.

     Federal agencies are urged to respond to this guidance by revising existing agency-specific DVSAS policies or developing a new policy, in accordance with the guidance. Agencies must submit revised or new policies to OPM for review by April 18, 2013. The OPM guidance is due out in January and will be posted on the OPM website at http://www.opm.gov/

The  following bills have been signed into law by the NYS Governor (there are several  other domestic violence and crime victim-related bills that are waiting to be  sent to the Governor):

Domestic  Violence Omnibus Bill - A.10624 Lentol / S.7638 Saland
    Enacts significant changes that will provide greater safeguards for  victims and increase accountability for offenders:

  • Establishes the crime of "aggravated family offense" for offenders who commit certain misdemeanor-level offenses and have a previous conviction for a specified misdemeanor or felony against a family or household member within the past five years. (class E felony)
  • Establishes a new subdivision of "aggravated harassment in the second degree" for offenders who, with intent to harass, annoy, threaten or alarm, cause physical injury to a family or household member (A misdemeanor)
  • Establishes a state-level domestic violence fatality review team within the NYS Office for the Prevention of Domestic Violence which will bring together state and local domestic violence-related professionals to do in-depth reviews of select intimate partner homicides and periodically report aggregate data and recommendations to the Governor and the Legislature.
  • Allows victims of domestic violence to have their insurance claims, forms, or billing correspondence for medical and mental health services sent to a confidential address, protecting both the details of such services and the address of the victim from the abuser who is also the insurance policyholder. 
  • Prevents individuals charged with causing the death of a victim, or who were the subject of an order protecting the deceased, from being able to exercise control over disposition of the deceased victim’s remains, allowing family members to make these decisions and proceed with funeral and burial arrangements.
  • Makes implementation changes to the New York State Address Confidentiality Program for domestic violence victims, established in the Department of State under Chapter 502 of the laws of 2011.

Amends multiple sections of NYS  law:  Executive Law §108(1),  §108(2)(a)(i), §108(4)(b)(i) and (c)(i), §108(6), §575(4), repeals old/adds a  new Election Law §575(10); Public Health Law §4201(2); Insurance Law  §2612(c)(2) and adds a new Insurance Law §2612(h); Penal Law §240.30 and adds a  new Penal Law §240.75; Criminal Procedure Law 510.30(2)(a) and adds a new  Criminal Procedure Law §200.63;  Section  2 of chapter 502 of the laws of 2011; includes a severability clause in  unconsolidated law to address enactment, should any portion of the bill be  judged invalid.
    Signed: 10/25/12  Chapter 491
    Effective:  multiple provisions with varying effective  dates

DNA Testing and Databank  Expansion - A.9555  Lentol / S.6733 Saland

    Expands - Requires  DNA sample collection to include anyone convicted of a felony or penal law  misdemeanor. In addition, the law expands defendants' access to DNA testing and  databank comparisons both before and after conviction in appropriate  circumstances, as well as access to discovery of property and materials after  conviction to demonstrate their innocence.
    Amends Criminal  Procedure Law §§440.30(1) and (1-a), 240.40(1), 440.10(1), and Executive Law §95(7).  In addition, the issues of preservation of property and costs for testing or  searches are addressed in unconsolidated law.
    Effective: 10/1/12   Chapter 19

Student  Cyberbullying Prevention

A.10712 O’Donnell / S.7740 Saland
    Requires school districts to establish policies and procedures to respond to  cyberbullying, harassment, bullying and discrimination.  The new law provides a detailed definition of  cyberbullying that includes the use of electronic communication, either on or  off school property, to intimidate, threaten or abuse another student. Districts  must designate a school official to investigate reports made by students or  parents, notify law enforcement, where appropriate, and take prompt responsive  action.  Schools must develop a bullying  prevention strategy, advise all school community members of the school's  policies and post the policies on the school's website. The law also  establishes training requirements for current and new school employees on harassment,  cyber/bullying and discrimination.
    Amends Education Law §11(7), adds  a new §11(8), amends §12(1), §13, §14, §15, §16, §801-a
    Effective: 7/1/2013   Chapter 102


HIV Prevention

 A.669-C Jaffee / S.3200-B  Hannon
    Allows NYS Office of Victim Services reimbursement for sexual assault victims to receive a  7-day starter pack of HIV post-exposure prevention treatment, rather than the current coverage  for a 3-day pack.  Hospitals and sexual  assault nurse examiners will be reimbursed directly, eliminating the need for  victims to negotiate payment for this additional care.  The law also requires hospitals and sexual  assault examiners to provide, or refer victims for, medical follow-up, with the  victim’s permission to schedule.
    Amends Public  Health Law §2805(i)(1)(c), Executive Law §631(13)
    Effective:  11/27/12   Chapter 39


Counseling for Relatives of Homicide Victims

 A.9898 Schimel / S.6848 Nozzolio
    Amends Executive Law to include  additional relatives of homicide victims who will be eligible to receive awards  from the Office of Victim Services. Guardians, siblings and step-siblings of a  victim who died as a direct result of a crime will now be eligible to receive  an award for counseling expenses. 
    Amends  Executive Law §624(1)(b)
    Effective:  July 18, 2012   Chapter 233


Referee Authority Extended

 A.9400 Weinstein / S.6624  Bonacic
    Extends  until September 1, 2014 the current authority of referees to make  determinations about orders of protection. Referees are authorized to hear  ex-parte order of protection petitions or petitions where all parties except  the applying party failed to appear.
    Amends  Section 2 of Chapter 363 of the laws of 2010, relating to Judiciary Law  §212(2)(n)
    Effective:  July 18, 2012   Chapter 137


Membership Camping Contracts

 A.9020-B Jaffee /S.6429-A  Robach

Allows individuals with membership camping contracts to cancel their part of a contract under certain conditions, including domestic violence, if the victim can provide documentation that the other signee of the contract perpetrated domestic violence against them.      Based on concerns raised regarding victim safety, the Governor’s approval memo notes that the Legislature has agreed to eliminate the portion of the law that would allow campground operators to investigate whether the alleged abuser would present a danger to campground users or employees, and take subsequent action to terminate their membership.     Creates new General Business Law §654-a

Effective: February 13, 2013   Chapter 383

 
2011 New York State DV, SA & Related Laws
 
Domestic Violence Firearm Protection (A.698-D Paulin / S.4224-C Saland)
Establishes which offenses and what types of relationships meet the federal definition of “misdemeanor crime of domestic violence” in federal firearms law, allowing NYS to report matching convictions, as determined by the court, to the National Instant Criminal Background Check System (NICS). Individuals in the NICS database are barred from purchasing guns, including rifles and shotguns.
Creates CPL §370.15 and §380.97
Effective: November 29, 2011 Chapter 258

Address Confidentiality Program (A.628-A Weinstein / S.5293 Ball)
Establishes a substitute address program within the NYS Department of State (DOS) to allow victims of domestic violence, who meet prescribed certification requirements, to designate the Secretary of State as their agent for receiving mail and service of process. Under the program, the DOS will forward first class mail to a participant for four years. The law establishes under what conditions the DOS may grant a waiver to a state or local agency that can sufficiently demonstrate the need to be exempted from the requirement to accept a substitute address.
Adds a new section 108 to the Executive Law
Effective: June 23, 2012 Chapter 502

Law Enforcement Policies and Judicial Training on Sexual Assault Crimes (A.2349-A Weinstein / S.4895 Saland)
Requires the NYS Municipal Police Training Council, in consultation with rape crisis centers, to develop and disseminate policies and procedures for police officers on the investigation of, and intervention in, sexual assault crimes. The policies and procedures will make provisions for education and training in specific areas related to enforcement of sexual assault laws. The Council is authorized to recommend to the Governor rules and regulations related to the training of new and veteran officers. Requires the Office of Court Administration to provide training for judges on sexual assault crimes.
Adds a new subdivision 4 to Executive Law §840 and a new section 219-c to the Judiciary Law
Effective: December 22, 2011 Chapter 506

Crime Victim Awards for Victims of Criminal Obstruction of Breathing or Blood Circulation (A.8091 Markey / S.4084 Nozzolio)
Allows the NYS Office of Victim Services (OVS) to make awards to victims of the crime of criminal obstruction of breathing or blood circulation, even if the victim did not sustain a physical injury. Victims of the physical injury crimes of strangulation, first and second degree, were already eligible for crime victim compensation. The law applies to all pending and new awards made by OVS.
Amends Executive Law §631(12)   Effective: December 22, 2011 Chapter 534
 
Final Order of Protection at Conviction (A.88 Paulin / S.1428 Saland)
Amends the criminal procedure law to clarify that a final order of protection will be issued at sentencing, rather than conviction. Any temporary order issued in the case will remain in effect until the final order is issued at sentencing.
Amends Criminal Procedure Law §530.12(5) and §530.13(4) and (5)
Effective: May 13, 2011 Chapter 9

Employee Sexual Contact With Inmates/Parolees (A.8449 Aubry / S.5455-B Nozzolio)
Amends the penal law to strengthen the lack of consent provision in certain sex offense cases, clarifying that criminal liability for engaging in sexual conduct with an inmate or parolee is imposed on anyone who is a Department of Corrections and Community Supervision employee (including Parole) or an employee of a state agency that frequently provides services to inmates within correctional facilities, including the Department of Mental Health. The law also applies to certain employees of the Office of Children and Family Services who work in an OCFS residential facility.
Amends Penal Law §130.05(3)(e) and (g), §130.10(4)    Effective: November 1, 2011 Chapter 205
 
Social Services Definition of Victim (A.627 Weinstein / S.4222 Saland)
Amends the Social Services definition of “victim of domestic violence” to include the new category of “intimate partner,” which was established in the Criminal Procedure Law and the Family Court Act in 2008 (Chapter 326). The Social Services Law definition has always applied to a victim of any violation of the Penal Law, but has listed examples of possible offenses. A.627/S.4222 adds sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, strangulation and criminal obstruction of breathing or blood circulation as additional examples.
Amends Social Services Law §459-a (1) and ((2)
Effective: April 13, 2011 Chapter 11
 
Interagency Task Force on Human Trafficking (A.6800 Meng / S.4089 Saland)
Extends the Interagency Task Force on Human Trafficking for two years, until September 1, 2013. The Task Force, co-chaired by the Commissioners of the Division of Criminal Justice Services and the Office of Temporary and Disability Assistance, was established in 2007 to: collect data on the prevalence human trafficking; identify services available to human trafficking victims; consult with governmental and nongovernment organizations to develop recommendations to strengthen human trafficking prevention and improve both prosecution of traffickers and assistance to victims; establish interagency protocols and collaboration; evaluate and make recommendations on the effectiveness of training for police, prosecutors, defense attorneys and service providers; and evaluate the State’s progress in preventing human trafficking and protecting victims.
Unconsolidated law - amends Section 14 of chapter 74 of the laws of 2007, Effective: May 17, 2011 Chapter 24

Sexual Abuse, First Degree (A.788 Destito / S.1882 Griffo)  Amends penal law §130.65 to provide that a person is guilty of sexual abuse in the first degree when he or she is twenty-one years old or older and subjects another person who is less than thirteen years old to sexual contact. This offense is a class D violent felony.
Adds a new subdivision 4 to Penal Law §130.65, Effective: November 1, 2011 Chapter 26

Senior Center-based Domestic Violence Prevention (A.6736 Dinowitz / S.4235 Valesky)
Directs the Office for the Prevention of Domestic Violence to develop and promote senior center-based domestic violence prevention programs.
Amends Executive Law §575(3)   Effective: August 3, 2011 Chapter 339

Mandatory Arrest Extension (A.4007-C /S.2807-C - Article VII Budget Bill)
Extends the mandatory arrest provision for family offenses for two more years, until September 1, 2013.
Chapter 57 - §18 of Part A  Effective: March 31, 2011

Judicial Hearing Officer Pilot Program Extension (A.6152 Bronson / S.4666 Nozzolio)
Extends, for an additional three years, the use of judicial hearing officers ex-parte orders of protection and orders of protection where the respondent has defaulted in the Family Courts of the seventh and eighth judicial districts.
Amends section 2 of chapter 219 of the laws of 2002   Effective: June 1, 2011 Chapter 34

Technical Amendment to Family Court Act §821 (A.7632 Rosenthal / S.4302-A Savino)  Adds criminal obstruction of breathing or blood circulation and strangulation to the list of actionable allegations in family offense petitions. This law is simply a technical clarification to the originating procedures section of Article 8 the Family Court Act. Amends Family Court Act §821    Effective: August 3, 2011 Chapter 309

The Domestic Violence Incident Report Repository: The Domestic Violence Incident Report (DIR) has been used to document domestic violence in New York State since 1994.  DIRs are completed when a police officer responds to a domestic violence incident. This report must be completed whether or not an arrest has been made.  Beginning in the spring of 2011, the NYS Division of Criminal Justice Services (NYSDCJS) implemented a program for police, prosecutors, and dispatchers to access this information statewide through the creation of the DIR Repository.   The Domestic Violence Incident Report Repository will assist responders in accessing data regarding any past domestic violence incidents involving the alleged perpetrator along with address and location information.  This will assist responders in making better decisions, and prioritizing the safety of the family, and the officers, by providing comprehensive and accurate data.  Our special thanks to NYSDCJS for spearheading the creation and implementation of the DV Incident Report Repository.

Amendment to Social Services Law Definition of "Victim of Domestic Violence" (A.627/S.4222): This law amends the Social Services Law §459-a definition of "victim of domestic violence". The new definition retains its age requirement of 16 yrs or older, but specifically includes those in "intimate relationships". It also expands the list of general and enumerated offenses to include the family offenses. As with the prior law, the requirement that one have actual physical or emotional injury or substantial risk thereof is retained. The Social Services Law definition determines intimate partner violence victim access to the panoply of residential and non-residential domestic violence services, as well as access to the public assistance waivers and protections available under this state’s version of the Family Violence Option. By reference, this legal definition also provides abuse victims with access to address confidentiality protections in civil proceedings under CPLR §2103, as well as access to anti-discrimination and confidentiality protections contained under Insurance Law §2612. Effective Date: April 13, 2011

Extension of the Judicial Hearing Officer Pilot Program in the 7th & 8th Judicial District Family Courts (A.6152/ S.4666): By amending Chapter 219 of the Laws of 2002, this law will continue to allow, for an additional three years, judicial hearing officers to issue ex parte orders of protection and orders of protection where the respondent has defaulted in family courts in the seventh and eighth judicial districts of the 4th Department. Effective Date: June 1, 2011

Clarifications on Determining the Expiration Date on a Criminal Family Offense Order of Protection (A.88/S.1428): Corrects an anomaly in CPL §§530.12(5) and 530.13(4) by amending these two provisions to now provide that a final order of protection shall be issued on the date of sentencing, rather than the date of conviction. Additionally, the law allows that a final order of protection may be issued for any crime or violation between "members of the same family or household," as such phrase is defined CPL §530.1 Effective Date: May 13, 2011

Adds  Criminal Obstruction of Breathing or Blood Circulation and Strangulation to the List of Actionable Allegations in Family Offense Petitions  (S.4302-A/A.7632): By amending Family Court Act §821, this law conforms the 2010 addition of strangulation and criminal obstruction of breathing and blood circulation to the list of actionable allegations contained in family offense petitions under Family Court Act §812. Effective Date: August 3, 2011

Directs the Office for the Prevention of Domestic Violence to Develop Senior Center Based Domestic Violence Prevention Programs (S.4235/ A.6736): Directs OPDV to create and promote domestic violence-specific programming in senior centers. Effective Date: August 3, 2011

Notices and Stipulations in Certain Misdemeanor Domestic Violence Actions and Proceedings (S.4244-C/A.698-D): Amends the CPL by adding a new §370.15 which outlines the procedures for determining whether certain misdemeanor crimes are crimes of "domestic violence" consistent with federal firearms control laws. The law provides procedures for notice to criminal defendants and the NYS Criminal Justice Services, as well as for criminal court-related admissions, stipulations, burden of proof, and other related evidentiary issues. When it goes into effect, the new law will apply only to crimes committed on or after the effective date. Effective Date: November 29, 2011

Establishes an Address Confidentiality Program in the Office of the Secretary of State for Domestic Violence Vicims Who Need to Maintain Secrecy of Their Location (A.628 /S.5293): Adds a new §108 to the Executive Law by creating an address confidentiality program for receipt and forwarding of mail and for service of process with the NYS Office of the Secretary of State. New York now joins the over 33 states with similar privacy protection programs for victims. Notably, versions of this bill were vetoed by Governor Paterson in 2009 (Veto 48) and (Veto 16764) 2010. Effective Date: June 23, 2012

Development of Judicial & Law Enforcement Training on Sexual Offenses (A.2349-a/S.4895): This law amends the Executive Law by adding a new subdivision 4 to §840 by authorizing the Municipal Police Training Council to make provisions for education and training, as well as develop and disseminate policies and procedures, regarding the police officer investigation and intervention in sexual assault crimes. Further, the law authorizes the Municipal Police Training Council to recommend rules and regulations to the Governor with respect creating and implementing formalized sexual assault-related training program for all current and new police officers. Finally, the law amends the Judiciary Law by adding a new §219-c that requires the Office of Court Administration to provide judges and justices with training on crimes involving sexual assault. Effective Date: December 22, 2011

Crime Victims Board/Office of Victim Services Awards for Victims of Criminal Obstruction of Breathing or Blood Circulation (S.4084/ A.8091): By amending Executive Law §631, this bill adds the misdemeanor-level strangulation crime to the list of those offenses for which the Office of Victim Services may make awards where the victim has not suffered physical injury attendant to the crime. This law applies to all pending and subsequent original awards made by the Office of Victim Services. Effective Date: December 22, 2011

 
 
 
 2010 New York State DV and Related Laws
 

Strangulation - A.10161-A Lentol / S.6987-A Schneiderman
Creates a new Article 121 in the Penal Law, titled "Strangulation and Related Offenses," establishing the new crimes of criminal obstruction of breathing or blood circulation (A misdemeanor), strangulation in the second degree (D violent felony), and strangulation in the first degree (C violent felony). All offenses are added to the list of family offenses. In addition, the strangulation offenses are added to various sections of existing law for other considerations, such as DNA collection, hate crime prosecution, etc.
Amends multiple sections of NYS laws, including Penal, Criminal Procedure, Domestic Relations, Executive, Mental Hygiene, Vehicle and Traffic, Social Services and the Family Court Act.

Effective: November 11, 2010 Chapter 405

No-fault Divorce - A.9753-A Bing / S.3890-A Hassell-Thompson
Allows a spouse to file for divorce on the grounds that the relationship has irretrievably broken down for at least six months.A divorce cannot be granted until the issues of marital property distribution, spousal or child support, child custody and visitation, and counsel’s fees have been resolved by the parties or the court.
Creates Domestic Relations Law §170(7)   
Effective: October 12, 2010 Chapter 384

Post Marital Maintenance - A.10984-B Paulin / S.8390 Hassell-Thompson
Requires courts to assess the respective incomes of divorcing parties and award temporary maintenance, determined by an established formula and set of factors, to the less moneyed spouse. The law also requires the NYS Law Revision Commission to assess the economic consequences of divorce on married couples, to review the spousal maintenance laws of the state and to submit a preliminary and a final report to the legislature and the Governor with recommendations for revisions to spousal maintenance laws (effective immediately).
Creates Domestic Relations Law §236(B)(5-a)
Effective: October 12, 2010 Chapter 371
 
Counsel and Expert Witness Fees in Divorce Cases – A.7569-A Weinstein / S.4532-A Sampson
Establishes a presumption that the less moneyed spouse in a divorce case is entitled to payment of counsel and expert witness fees and requires the parties to submit financial information to the court to determine payment by the other spouse.
Effective: October 12, 2010*Chapter 329
Amends Domestic Relations Law §237(a) and (b)
*A subsequent law (Chapter 415) moved the effective date up to August 13, 2010.
 
Extension of Order of Protection – A.6195-A Weinstein / S. 2972-A Sampson. Authorize Family Court to extend a current order of protection for a reasonable period of time, upon a showing of good cause or consent of the parties. The fact that abuse has not occurred while the order has been in effect cannot, in itself, constitute sufficient ground for denying, or failing to extend, the order.The new law requires the court to state the basis for its decision on the record.    Amends Family Court Act §842
Effective: August 13, 2010 Chapter 325

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

Police Service of Orders of Protection, Extensions and Violations – A.11100 Weinstein / S.8058 Hassell-Thompson
Requires police officers to serve, or provide for the service of, temporary and permanent orders of protection, and any accompanying papers.The requirement also applies to extensions, modifications and violations of orders. The law extends the previous prohibition against charging fees for service of these additional orders.If service cannot be completed, the officer must provide to the court proof of attempted service, including the manner in which the service was attempted.
Amends Family Court Act §153-b; Domestic Relations Law §240(3-a)
Effective: August 30, 2010 Chapter 446


Orders of Protection Based on Non-contemporaneous Acts – A.8393-A Weinstein / S.5696-A Sampson.
 
Prohibits Family Courts or Supreme Courts from dismissing a petition or denying an order of protection solely on the basis that the acts or events alleged are not relatively recent. The law also states that the duration of a temporary order cannot, by itself, be a factor in issuing or determining the length of a final order. Amends Family Court Act §446. Effective : August 13, 2010 Chapter 341

Unlisted Phone Number – A.6509-B Rivera / S.5615-A Parker.  Requires participating phone companies and cable television companies who provide phone service in NYS to allow domestic violence victims who have a permanent order of protection to request an unlisted telephone number or a modified or alternative listing, free of charge, for the duration of the order.In order to be eligible, participating domestic violence victims must submit a copy of their order of protection to their phone service provider. The law also authorizes the Public Service Commission to develop any rules and regulations necessary to implement the new law and requires the Office for the Prevention of Domestic Violence and the Office of Children and Family Services to assist the Commission in reporting on its use, cost and future funding options. Creates Public Service Law §91(7) Effective:December 11, 2010. Chapter 327

Protections for Victims in Rent-regulated Apartments – A.2365-A / S.3317-A Oppenheimer
Amends NYC Code and various sections of NYS law that govern rent-regulated housing, to permit domestic violence victims to maintain their rental unit as their primary residence if they have left the unit because of the violence.To be eligible under this new provision, the tenant must be a victim of domestic violence, as defined in Social Services Law §459-a, and must state an intent to return to live in the unit.
Amends NYC Administrative Code: §26-403(e)(2)(i)(10); §26-502(a)(1)(f)
Amends NYS law:§4(5)(a)(11) of Chapter 576 of the laws of 1974 (Emergency Tenant Protection Act of 1974; §2(2)(1) of Chapter 274 of the laws of 1946 (Emergency Housing Rent Control Law). 
Effective:August 30, 2010 Chapter 422
 
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
 
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.
 
Referee Extension – A.10851-A Weinstein / S.8013 Sampson
Extends for two additional years, the ability of Family Court referees to hear petitions for and issue orders of protection any time the Court is in session, during or after established business hours. Training on domestic violence is required for all persons who are designated to serve as referees.
Repeals previous and creates a new Judiciary Law §212(2)(n). fective: August 13, 2010 Chapter 363

Internet Dating Safety
- A.5180-A Pfeffer / S.6283 Klein. Req
ires Internet dating services with members in NYS to provide a safety awareness notice to customers.The safety awareness notification would be required to include, at minimum, a list and description of safety measures designed to increase customer awareness of safer dating practices. Creates General Business Law §394-cc. Effective: December 28, 2010 Chapter 425

Witness Order of Protection- Juvenile Delinquency Cases – A.1870-A Pheffer / S.5421 Sampson. Authorizes the Family Court to issue an order of protection for a witness in a juvenile delinquency proceeding, if the court makes a finding that the respondent has previously intimidated or attempted to intimidate the witness, or is likely to do so in the future. Creates Family Court Act §352.3(1-a). Effective: November 28, 2010 Chapter 421

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:

  1. reports of the sex offender registry
  2. reports of the statewide computerized registry of orders of protection
  3. 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:

  1. creates a class B felony for those who engage in sex trafficking and a class D felony for labor trafficking
  2. 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)
  3. addresses the demand for prostitution by elevating the lowest level crime of patronizing a prostitute from a B to an A misdemeanor
  4. 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
  5. 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
  6. services include case management, emergency temporary housing, health and mental health care, drug addiction screening and treatment, language and translation services, and job training
  7. 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:

  1. the victim must first request that the landlord release him/her from the lease
  2. the victim’s financial obligations to the landlord must be satisfied
  3. the victim must give notice to the landlord and any co-tenant
  4. 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