Office for the Prevention of Domestic Violence

Law

Legislative Summaries by Year

1998 New York State Domestic Violence and Related Laws

Enforcement of Out-of-state Orders of Protection (A.11051-A Weinstein / S.7589-A Balboni)

Conforms state law to the federal Violence Against Women Act, which requires rigorous interstate enforcement of orders of protection in domestic violence cases. The law provides that a valid order of protection or temporary order of protection issued by an out-of-state court, territorial, or tribal jurisdiction must be enforced as if it were a New York State Order. Provides for the filing for entry of out-of-state orders on the statewide Registry, but does not require such orders to be on the registry in order to be enforced.

Signed: September 23, 1998 Chapter 597

Effective: 90 days from signature

Stalking/Expansion of Crime Victim Benefits (A.8898-A Feldman / S.6503 Balboni)

Extends crime victim benefits to victims of harassment, menacing and other similar non-physical injury offenses. Benefits are limited to loss of earnings, replacement of personal property, cost of security devices for personal protection, counseling and occupational or job training.

Signed: July 22, 1998 Chapter 443

Effective: Immediately

Custody Prohibition in Murder Cases (A.11346 Bragman / S.5799-B DeFrancisco)

Provides that no court shall issue an order of visitation or custody to a person who has been convicted of first or second degree murder of a parent or legal custodian of a child, unless the child is of suitable age to assent and assents to visitation and the court finds that such visitation is in the child's best interest; grants exceptions where the person convicted of murder was the victim of domestic violence and the individual murdered was the perpetrator of the domestic violence.

Signed: July 7, 1998 Chapter 150

Effective: Immediately

Address Confidentiality Feasibility Study (A.2023-A Christensen / S.5083-A Maziarz)

Directs OPDV to conduct a feasibility study for a NYS address confidentiality program for domestic violence victims.

Signed: July 14, 1998 Chapter 297

Effective: Immediately

HIV Partner Contact (A.6629-B Mayersohn / S.4422-B Velella)

Requires physicians and laboratories to report to the NYS Department of Health individuals who test HIV positive. Gives local health departments the authority to notify the spouse and any known sexual partners of any person testing positive for HIV. Requires the Department of Health, in consultation with OPDV, statewide organizations and community- based organizations, to develop a protocol to identify positive-tested individuals, or their partners, who may be domestic violence victims.

Signed: July 7, 1998 Chapter 163

Effective: 180 days from signature

Crime Victims Board Records Confidentiality (A.8184 DiNapoli / S.5183 Nozzolio)

Adds a new section to the Executive Law to require that records and proceedings of the Crime Victims Board, regarding specific claims filed by victims, be kept confidential, with some exceptions, such as criminal justice purposes, judicial subpoenas, etc.

Signed: May 21, 1998 Chapter 64

Effective: Immediately

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: July 22, 1998 Chapter 424

Effective: 180 days after signature

Victim Impact Statements (A.5982-A Sidikman/S.6710 Marcellino)

Provides for a crime victim to make a victim impact statement before the state parole board, either in person or in writing, each time an inmate comes before the board.

Signed: July 14, 1998 Chapter 367

Effective: Immediately

Crime Victim Compensation (A.10388 Koon / S.6611 Nozzoli

Expands eligibility for counseling for crime victims to grandparents and members of a victim's step family.

Signed: July 10, 1998 Chapter 276

Effective: Immediately

Witness Order of Protection (A.11092 Katz / S.6785 Balboni)

Provides that a court may issue an order of protection for a witness, following the conviction of a defendant.

Signed: October 6, 1998 Chapter 610

Effective: Immediately

Victim Impact Statement (A.10746-A Koon / S.6860-A Balboni)

Authorizes the victim of a crime, or the family of such victim if the victim has died, to make a separate audiotaped or videotaped victim impact statement to the State Division of Parole for each parole hearing held.

Signed: October 6, 1998 Chapter 611

Effective: Immediately

The Following Bill Has Been Vetoed By The Governor:

Expanded Reporting of Shelter Denial (A.10687 Carrozza/S.7034 Alesi) Requires the Commissioner of Family Assistance (Office of Children and Family Services) to report specifically on the number of persons denied shelter who are accompanied by minor children, and the age and gender of such children.

Vetoed: July 29, 1998