Office for the Prevention of Domestic Violence

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Law

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

Subject Categories

School/College Policies
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, CPLR; Executive Law by adding a new §232

Campus Crime Reporting – A.2089-B Braunstein/S.2753-B Marchione

Require colleges and universities to notify appropriate law enforcement within 24 hours of a report of a violent felony or a report that a student who resides in housing owned or operated by the school is missing.  The bill was signed into law with an agreement that the legislature will pass an amendment next session to clarify that sexual assault victims will retain their right, under federal law, to decide whether or not to report the crime to law enforcement.

Signed: December 17, 2014 Chapter 486  (Approval Memo No. 14)

Effective:  December 17, 2014

Amends:  Education Law §§355(17); 6206(15)(a); 6306(8-a)(a); 6434(1)

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.

Signed: 2012 Chapter 102

Effective: July1, 2013  

Amends:  Education Law §§11(7); adds a new 11(8); amends 12(1); 13; 14; 15; 16; 801-a

Student Access to Campus Crime Statistics  (A.8511-A Tokasz/S.396-A Lavalle)

Requires any NYS college that receives state aid to inform students and prospective students on how to access campus crime statistics, including partner offenses, sexual assaults, etc. These crimes are now reported to the US Department of Education (as required by the Jeanne Cleary Disclosure of Campus Security Policy and Campus Crime Statistics Act).

Signed: 2003 Chapter 597

Effective: July 1, 2004

Amends:  Education Law Article 129-A

General Municipal Law §§209-aa(1) and (2)

Safe Schools Against Violence in Education Act  (A.6899-D Sanders/S.8236 Morahan)

Enacts Project SAVE, the Safe Schools Against Violence in Education Act to promote safer, more effective learning environments in New York’s schools by providing for codes of conduct on school property, school safety plans, protection of school employees and a uniform violent incident reporting system. Requires the State Education Department to develop an interpersonal violence prevention education package for grades K - 12.

Signed: 2000 Chapter 181

Effective: November 1, 2000 (several sections take effect on other dates)

Amends:  Education Law §§112; 305(7); 801-a; 804(4); 2801; 2801-a; 2802; 2814; 3004(3);

3028-c; 3214; 3604(8)

Penal Law §120.05(9)

Criminal Procedure Law §§380.90; 720.35(2); 720.35(3)

Family Court Act §§301.2(17); 380.1(3); 353.3(7); 355.5(7)(c) and (d)

Executive Law §510-a(3)

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.

Signed: 2009 Chapter 13

Effective:  April 7, 2009

Amends:  Education Law §§6431(3); 6432      

SUNY Police Officer Authority  (A.7647-B Canestrari/S.4595-A Saland)

Provides campus police officers appointed by the State University of New York with the powers of police officers, including mandatory arrest authority in family offense cases.

Signed: 1998 Chapter 424

Effective: January 1, 1999

Amends: Criminal Procedure Law §§1.20(34); 1.20(34-a); 1.20(34-d); 2.10(14); 120.10; 120.50; 120.60

Criminal Procedure Law §§120.80(4)(2) and (3) – previously held to be unconstitutional (can’t enter person’s home to arrest without  a warrant) in Payton v. NY; 445; U.S. 573 (1980)

Criminal Procedure Law §§120.90; 690.25(3); 690.35(4)(b); 690.40(2); 690.45(3) and (7);

690.50(1)-(6); 690.55(1)(b)

Education Law §§355(2)(1); 360(4)

Personal Property Law §§252(1); 258