2011 New York State Domestic Violence and Related Laws
The Following Bills Have Been Signed Into Law by the Governor:Domestic Violence Firearm Protection (A.698-D Paulin / S.4224-C Saland)
Establishes which offenses and what types of relationships meet the federal definition of “misdemeanor crime of domestic violence” in federal firearms law, allowing NYS to report matching convictions, as determined by the court, to the National Instant Criminal Background Check System (NICS). Individuals in the NICS database are barred from purchasing guns, including rifles and shotguns.
Creates CPL §370.15 and §380.97
Effective: November 29, 2011 Chapter 258
Address Confidentiality Program (A.628-A Weinstein / S.5293 Ball)
Establishes a substitute address program within the NYS Department of State (DOS) to allow victims of domestic violence, who meet prescribed certification requirements, to designate the Secretary of State as their agent for receiving mail and service of process. Under the program, the DOS will forward first class mail to a participant for four years. The law establishes under what conditions the DOS may grant a waiver to a state or local agency that can sufficiently demonstrate the need to be exempted from the requirement to accept a substitute address.
Adds a new section 108 to the Executive Law
Effective: June 23, 2012 Chapter 502
Law Enforcement Policies and Judicial Training on Sexual Assault Crimes (A.2349-A Weinstein / S.4895 Saland)
Requires the NYS Municipal Police Training Council, in consultation with rape crisis centers, to develop and disseminate policies and procedures for police officers on the investigation of, and intervention in, sexual assault crimes. The policies and procedures will make provisions for education and training in specific areas related to enforcement of sexual assault laws. The Council is authorized to recommend to the Governor rules and regulations related to the training of new and veteran officers. Requires the Office of Court Administration to provide training for judges on sexual assault crimes.
Adds a new subdivision 4 to Executive Law §840 and a new section 219-c to the Judiciary Law
Effective: December 22, 2011 Chapter 506Crime Victim Awards for Victims of Criminal Obstruction of Breathing or Blood Circulation (A.8091 Markey / S.4084 Nozzolio)
Allows the NYS Office of Victim Services (OVS) to make awards to victims of the crime of criminal obstruction of breathing or blood circulation, even if the victim did not sustain a physical injury. Victims of the physical injury crimes of strangulation, first and second degree, were already eligible for crime victim compensation. The law applies to all pending and new awards made by OVS.
Amends Executive Law §631(12)
Effective: December 22, 2011 Chapter 534
Final Order of Protection at Conviction (A.88 Paulin / S.1428 Saland)
Amends the criminal procedure law to clarify that a final order of protection will be issued at sentencing, rather than conviction. Any temporary order issued in the case will remain in effect until the final order is issued at sentencing.
Amends Criminal Procedure Law §530.12(5) and §530.13(4) and (5)
Effective: May 13, 2011 Chapter 9
Employee Sexual Contact With Inmates/Parolees (A.8449 Aubry / S.5455-B Nozzolio)
Amends the penal law to strengthen the lack of consent provision in certain sex offense cases, clarifying that criminal liability for engaging in sexual conduct with an inmate or parolee is imposed on anyone who is a Department of Corrections and Community Supervision employee (including Parole) or an employee of a state agency that frequently provides services to inmates within correctional facilities, including the Department of Mental Health. The law also applies to certain employees of the Office of Children and Family Services who work in an OCFS residential facility.
Amends Penal Law §130.05(3)(e) and (g), §130.10(4)
Effective: November 1, 2011 Chapter 205
Social Services Definition of Victim (A.627 Weinstein / S.4222 Saland)
Amends the Social Services definition of “victim of domestic violence” to include the new category of “intimate partner,” which was established in the Criminal Procedure Law and the Family Court Act in 2008 (Chapter 326). The Social Services Law definition has always applied to a victim of any violation of the Penal Law, but has listed examples of possible offenses. A.627/S.4222 adds sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, strangulation and criminal obstruction of breathing or blood circulation as additional examples.
Amends Social Services Law §459-a (1) and ((2)
Effective: April 13, 2011 Chapter 11
Interagency Task Force on Human Trafficking (A.6800 Meng / S.4089 Saland)
Extends the Interagency Task Force on Human Trafficking for two years, until September 1, 2013. The Task Force, co-chaired by the Commissioners of the Division of Criminal Justice Services and the Office of Temporary and Disability Assistance, was established in 2007 to: collect data on the prevalence human trafficking; identify services available to human trafficking victims; consult with governmental and nongovernment organizations to develop recommendations to strengthen human trafficking prevention and improve both prosecution of traffickers and assistance to victims; establish interagency protocols and collaboration; evaluate and make recommendations on the effectiveness of training for police, prosecutors, defense attorneys and service providers; and evaluate the State’s progress in preventing human trafficking and protecting victims.
Unconsolidated law - amends Section 14 of chapter 74 of the laws of 2007
Effective: May 17, 2011 Chapter 24
Sexual Abuse, First Degree (A.788 Destito / S.1882 Griffo)
Amends penal law §130.65 to provide that a person is guilty of sexual abuse in the first degree when he or she is twenty-one years old or older and subjects another person who is less than thirteen years old to sexual contact. This offense is a class D violent felony.
Adds a new subdivision 4 to Penal Law §130.65
Effective: November 1, 2011 Chapter 26
Senior Center-based Domestic Violence Prevention (A.6736 Dinowitz / S.4235 Valesky)
Directs the Office for the Prevention of Domestic Violence to develop and promote senior center-based domestic violence prevention programs.
Amends Executive Law §575(3)
Effective: August 3, 2011 Chapter 339
Mandatory Arrest Extension (A.4007-C /S.2807-C - Article VII Budget Bill)
Extends the mandatory arrest provision for family offenses for two more years, until September 1, 2013.
Chapter 57 - §18 of Part A
Effective: March 31, 2011
Judicial Hearing Officer Pilot Program Extension (A.6152 Bronson / S.4666 Nozzolio)
Extends, for an additional three years, the use of judicial hearing officers ex-parte orders of protection and orders of protection where the respondent has defaulted in the Family Courts of the seventh and eighth judicial districts.
Amends section 2 of chapter 219 of the laws of 2002
Effective: June 1, 2011 Chapter 34
Technical Amendment to Family Court Act §821 (A.7632 Rosenthal / S.4302-A Savino)
Adds criminal obstruction of breathing or blood circulation and strangulation to the list of actionable allegations in family offense petitions. This law is simply a technical clarification to the originating procedures section of Article 8 the Family Court Act.
Amends Family Court Act §821
Effective: August 3, 2011 Chapter 309