Office for the Prevention of Domestic Violence

Law

Summary of New York State Domestic Violence and Related Laws by Subject (beginning with 1995 )

Subject Categories

Domestic Violence Omnibus Bills
2012 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) – effective January 1, 3013
  • 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) – effective December 24, 2012
  • 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 – effective April 23, 2013
  • Allows the court to consider two new factors when determining bail in family offenses cases: any violations of an order of protection and the defendant’s history of possession of a firearm – effective December 24, 2012
  • Allows victims of domestic violence to have their insurance claims, forms, or billing correspondence for services sent to a confidential address, protecting both the details of such services and the address of the victim from the abuser who is the insurance policyholder.  Victims must make a reasonable request, which the insurance company can require in writing.  Applies to accident, health and salary protection insurance – effective January 1, 2013 
  • 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 – effective November 24, 2012
  • 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 – effective October 25, 2012

Signed: 2012 Chapter 491

Effective:  Signed on October 25, 2012, enacting multiple provisions with varying effective dates

Amends: Executive Law §§108(1); 108(2)(a)(i); 108(4)(b)(i) and (c)(i); 108(6); 575(4);  repeals old/adds a new §575(10)

Public Health Law §4201(2)

Insurance Law §§2612(c)(2) and(h)

Penal Law §§240.30; 240.75

Criminal Procedure Law §§510.30(2)(a); 200.63

2009 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 requirements 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 – multiple sections/effective dates
  • 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
  • provides greater protections to victims by adding the length of incarceration to the maximum expiration date previously allowed for orders of protections issued in misdemeanor and violation cases

Signed: 2009 Chapter 476

Effective: December 19, 2009, except for multiple unsealed convictions provisions, which have varying effective dates

Amends: Family Court Act §§249-b; 812; 821

Domestic Relations Law §240

Criminal Procedure Law §§530.11; 140.10; 160.55; 170.10; 530.12; 530.13