Office for the Prevention of Domestic Violence

Law

Legislative Summaries by Year

2004 New York State Domestic Violence and Related Laws

Confidentiality in Civil Proceedings (A.10103 Paulin / S.522-A Saland)

Expands to civil cases the current Family Court option for judges to allow victims to keep their addresses confidential and to designate another person to receive any papers served as part of their court case. This will provide confidentiality of a victim's current address and telephone number, including that of a domestic violence residential program. Under this option, the court is required to seal victim location and contact information.

Signed: June 15, 2004 Chapter 111

Effective: June 15, 2004

Orders of Conditions Amendment (A.10974 Eddington / S.7176 Flanagan)

Amends the 2003 law that allows a judge to issue an "order of conditions," and order that contains stay-away language similar to an order of protection in criminal cases but is used where a defendant is found not responsible by reason of mental disease/defect. The amendment addresses domestic violence concerns, including, clearer guidance to law enforcement agencies and a mandate that special orders of conditions be filed with local law enforcement agencies and be entered into the statewide order of protection registry.

Signed: June 8, 2004 Chapter 107

Effective: June 8, 2004

Closed Circuit Television Testimony (A.10559-A Weinstein / S.556-A Skelos)

Allows thirteen and fourteen year old sex offense and incest victims who meet the definition of "vulnerable child witness" to testify via closed circuit television. The law had limited this option to victims twelve and under.

Signed: August 17, 2004 Chapter 362

Effective: August 17, 2004

Shelter Venue (A.5513 Lopez / S.6305 Robach)

Includes alternative shelter options, such as, facilities for homeless individuals and families, emergency hotel or motel arrangements, etc., to be used as an allowable venue for family offense proceedings. Including these alternatives will ultimately provide family court access to a greater number of families.

Signed: August 17, 2004 Chapter 391

Effective: August 17, 2004 Sex Offender Registration Act (A.11599 Bradley / S.7548 Leibel)

Requires the Division of Criminal Justice Services (DCJS) to notify NYS convicted sex offenders who are required to register under the Sex Offender Registration Act that the registration requirement may continue under the laws of other states. Also requires DCJS to regularly notify officials in all other states and territories of the duty to notify DCJS when a NYS registered sex offender relocates to, establishes employment in or attends school in their state.

Signed: August 17, 2004 Chapter 410

Effective: 90 days after signed by Governor

DNA Index Expansion (A.11721 Lentol / S.7659 Volker)

Expands the list of felony crimes for which convicted offenders will be required to provide a sample for the computerized state DNA identification index. Expanding the index will improve the State's ability to prosecute repeat felons. This will increase the likelihood of holding offenders more accountable through stronger consequences.

Signed: July 6, 2004 Chapter 138

Effective: July 6, 2004

The Following Bills Were Vetoed By The Governor:

Crime Victim Disability (A.11647 Paulin / S.6479-A Spano)

Clarifies that victims of crime who experienced an exacerbation of a preexisting disability or condition, as a result of such crime, will be eligible for compensation. Clarifies a victim's due process rights in this circumstance.

Vetoed: October 5, 2004 Veto # 252

Dual Track CPS Demonstration Project (A.6385-B Paulin / S.2755- B Spano)

Establishes a seven county demonstration project that would allow counties to create a two track process to handle alleged child abuse reports: an investigative track and a family assessment and services track, designed to provide comprehensive family support services.

Vetoed: January 31, 2005 Veto # 297