Office for the Prevention of Domestic Violence

Law

Legislative Summaries by Year

2002 New York State Domestic Violence and Related Laws

Domestic Violence/Child Protective Service Training (A.7763-A Weinstein / S.396-A Saland)

Requires all current and new Child Protective Service workers to be trained on domestic violence issues. The training, to be developed by OPDV in conjunction with OCFS, will address the dynamics of domestic violence and its connection to child abuse and neglect. Training will cover: psychological harm experienced by children, the trauma associated with foster care placement, barriers facing immigrant women, the child welfare and court systems' response to the abusing partner and remedies available to the victim.

Signed: August 6, 2002 Chapter 280

Effective: 120 days after signed into law

Orders of Protection/Statewide Registry (A.11193 Weinstein / S.7479 Volker)

Requires Criminal Courts to enter into the order of protection registry any order of protection issued to domestic violence victims under section 530.13 of the Criminal Procedure Law. This will include intimate partners (as described in the "family/household member" definition in section 459-a of the Social Services Law).

Signed: August 20, 2002 Chapter 462

Effective: 90 days after signed into law

Distinctive License Plate (A.11870 Paulin / S.7769 Espada)

Establishes a distinctive New York State license plate bearing the logo, "Peace at Home." Purchase of the plate will generate fees that will be deposited in an OPDV domestic violence awareness fund to be used for public awareness, education and training.

Signed: October 9, 2002 Chapter 634

Effective: 180 days after signed into law

Temporary Release (A.10761 Stringer / S.7581 Maltese)

Allows inmates convicted of assaulting/killing their abuser to be eligible for temporary release. Currently these inmates are barred from the temporary release program, which allows inmates to return to the community two years from their original release dates. Released inmates are supervised while they participate in education, training programs, and work. Applicants for early release must prove that they were subjected to substantial physical, sexual or psychological abuse by the victim of the crime. The Commissioner of Corrections must request and take into consideration the opinion of the prosecuting district attorney and sentencing judge in making a determination.

Signed: July 31, 2002 Chapter 251

Effective: Immediately

Confidentiality of Domestic Violence Shelter Location (A.1141 Koon / S.7199 Balboni)

Requires that the location/address of a pending residential domestic violence program must be kept confidential in any application process involving state or local agencies. Protects a confidential address while the applying program seeks certification of compliance with various health, sanitation, fire safety, and building codes.

Signed: July 11, 2002 Chapter 178

Effective: Immediately

Foreclosure Protection (A.11200 Weinstein / S.7318 Lack)

Prohibits foreclosure on a mortgage used to secure fee payment in a matrimonial action. Will protect victims who owe an attorney for representation in a divorce by not allowing their home to be foreclosed on as a way for the attorney to collect payment.

Signed: May 21, 2002 Chapter 71

Effective: Immediately