Office for the Prevention of Domestic Violence

Law

Legislative Summaries by Year

2000 New York State Domestic Violence and Related Laws

Sexual Assault Reform Act (A.11538 Lentol / S.8238 Volker)

Enacts comprehensive change in the state's laws regarding rape, sexual assault and child sexual abuse. Creates new crimes, increases protection for victims of sex offenses, with additional protections for child victims, and increases and strengthens consequences for offenders. Addresses prosecution, bail and release, witnesses, sentencing, the sex offender registry and crime victim compensation. In addition establishes a statewide sexual assault forensic examiner program and establishes a rape crisis intervention and prevention program in statute.

Signed: October 19, 2000 Chapter 1

Effective: February 1, 2001

Hate Crimes Act of 2000 (A.30002 Silver / S.4691 Goodman)

Provides that the commission of certain specified crimes will be punishable as hate crimes when committed in whole or substantial part because of a belief or perception regarding the race, color, national origin, ancestry, gender, religion, age, disability or sexual orientation of the victim. Sanctions for hate crimes are increased by raising an offense to a higher category.

Signed: July 10, 2000 Chapter 107

Effective: October 7, 2000

Stalking Amendments (A.9506-A John / S.6173-B Rath)

Amends the Clinic Access and Anti-stalking act of 1999. Adds stalking in the second degree to the class D felony of stalking in the first degree when the crime involves a sex offense or a intentionally/recklessly caused injury. Makes technical changes and corrects deleted or misspelled words.

Signed: September 20, 2000 Chapter 434

Effective: October 19, 2000

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: July 24, 2000 Chapter 181

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

Closed Circuit Television Extension (A.10986 Lentol / S.7137 Saland)

Extends from November 1, 2000 until September 1, 2001, the provisions authorizing the use of closed-circuit television and other protective measures for child witnesses in sex offense prosecutions.

Signed: October 19, 2000 Chapter 449

Effective: Immediately

High Risk Sex Offenders (A.4227-B Weinsenberg/ S.972-A Skelos)

Amends the Sex Offender Registration Act to require that the subdirectory of high risk (level 3) sex offenders be made available on the Division of Criminal Justice Service's homepage for internet accessibility.

Signed: October 4, 2000 Chapter 490

Effective: January 21, 2001

Unfounded Child Abuse Reports (A.1213-E Brodsky / S.1469-E Spano)

Provides that any legally sealed unfounded report of child abuse and maltreatment shall be expunged when the report is found to have constituted the crime of falsely reporting an incident in the second degree, or was an error by clear and convincing evidence.

Signed: November 1, 2000 Chapter 555

Effective: Immediately

Supreme Court Orders of Protection (A.10427 Weinstein / S.6760 Saland)

Moves up the effective date of a 1999 law, Chapter 606, which implemented a number of technical changes in the Domestic Relations Law, governing matrimonial proceedings in Supreme Court. A victim requesting a temporary order of protection must be heard on the same day or the next day the court is in session. Additionally, upon issuing an order of protection, a temporary order or upon violation of an order, the court may direct the surrender of firearms, revoke or suspend a firearms license or prohibit future eligibility for a firearms license.

Signed: September 20, 2000 Chapter 483

Effective: Immediately

The following bill was vetoed:

Victim Inmates/Temporary Release Program (A.1560 Stringer / S.3941 Maltese)

Allows inmates who are incarcerated for assaulting or killing someone who committed substantial physical, sexual or psychological abuse against them to be eligible for the temporary release program.

Vetoed: December 8, 2000 Veto Message # 61