Increases Penalty for Repeat Offenders to a Felony
Governor Andrew Cuomo, Senate Majority Leader
Dean Skelos, and Assembly Speaker Sheldon Silver today announced an agreement
on comprehensive legislation to strengthen New York's domestic violence laws.
The agreement includes a series of measures to protect victims of domestic
violence and crack down on repeat offenders.
Provisions in the bill include increasing the
penalty for a repeat offense to a felony; allowing judges to consider risk
factors such as firearm possession and violations of restraining orders in
determining bail; and establishing a statewide Fatality Review Team to find new
ways to prevent intimate partner homicides.
"With domestic violence remaining a major problem here in New York and across
the nation, our state must continue to lead in strengthening laws to better
protect victims and crack down on offenders who cause harm to their
families," Governor Cuomo said.
"By creating a new felony crime for repeat
offenders, the state will come down harder than ever before on those who attack
over and over again and ensure that these criminals can no longer hurt their
victims. We will never tolerate domestic violence in any form, and I commend
Majority Leader Skelos, Speaker Silver, and the bill sponsors for their work in
reaching an agreement on this important legislation."
"This agreement builds on our commitment to combat domestic violence and
protect innocent victims, which has always been a focus of our Senate
Republican conference. Rather than politicize this issue as others have done,
we’ve worked cooperatively with the Governor and Assembly to once again show
that government can function and deliver on a critically-important issue. I
applaud the Governor for his leadership and commend Senator Saland and Senator
Golden for helping us achieve a strong bill that will save lives," said Senate
Majority Leader Dean G. Skelos.
"For many years the Assembly has taken steps to eradicate domestic
violence by strengthening laws to protect the health and safety of abuse
victims while ensuring more perpetrators of domestic violence face the
increased penalties they deserve,” noted Assembly Speaker Sheldon Silver.
“This includes the recent passage of a bill
establishing felony-level charges for repeat offenders, an issue also addressed
by this legislation. I applaud Governor Cuomo and my colleagues in the Senate
for their steadfast commitment to what is and has always been an Assembly
priority, strengthening the wall of legal protection that surrounds victims of
domestic violence in the Empire State."
Domestic violence is a problem of enormous prevalence and impact in both New
York State and across the nation. It has been identified by the U.S. Surgeon
General as the number one health problem affecting American women, and it
floods the justice system of New York State as well as the courts of every
other state in the nation.
The agreed-upon legislation will provide a
number of important provisions to help New York State better prevent domestic
violence and protect victims.
Creates New Felony and Misdemeanor Crimes to
Prevent Harassment and Crack Down on Repeat Domestic Violence Offenders
The legislative agreement enhances penalties for domestic violence offenders
who repeatedly commit misdemeanor level offenses. The legislation would
establish the crime of "Aggravated Family Offense" as a class E
felony to ensure that defendants with a history of domestic violence who
repeatedly commit misdemeanor offenses are prosecuted as felons.
The legislation would also establish a new class
A misdemeanor of "Aggravated Harassment in the Second Degree",
committed when a defendant, with intent to harass, annoy, threaten or alarm,
causes physical injury to an individual or their family or household member.
Although New York State already has a number of strong domestic violence
protections, many domestic violence abusers repeatedly commit low-level
offenses, subjecting victims to continuing fear and potential harm.
For example, a defendant with 132 prior
convictions, many of which stemmed from assaults against his partner, served
nine months in jail for an assault against his daughter. Since his release on
that case, the defendant has been arrested again for domestic assault.
By creating a new class of felony and
misdemeanor offenses, the legislation will help ensure that repeat offenders
are subject to harsher penalties. The maximum penalty for a class A misdemeanor
is 1 year in local jail, but for a class E felony, the maximum sentence is 1⅓ to 4 years in state
prison.
The aggravated harassment misdemeanor takes effect in 60 days, and the
aggravated family offense felony takes effect in 90 days, after the bill
becomes law.
Allows
Judges to Consider Additional Risk Factors in Determining Bail to Better
Protect Victims from Further Harm
Under the legislative agreement, courts would be required for the first time to
consider certain risk factors when determining recognizance or bail for a
defendant who is charged with an offense against a family or household member.
Currently, courts are not required to consider any special factors when
determining recognizance or bail in a domestic violence case, allowing
offenders in some cases to go free on low bail and thereby allowed to stalk,
harm and sometimes kill their specifically targeted victims.
Under the agreement announced today, judges will
be required to consider well established risk factors, such as an offender's
prior violation of an order of protection and the accused's access to guns.
These considerations will help ensure that
domestic violence victims are spared additional harm and, in some tragic
incidences, their lives. This part of the legislation would take effect 60 days
after the bill becomes law.
Establishes
Statewide Fatality Review Team to Find New Ways to Reduce Intimate Partner
Homicides
Under the legislative agreement, the Office for the Prevention of Domestic
Violence will establish a statewide domestic violence fatality review team.
The review team will bring together domestic
violence-related professionals to review domestic violence homicides, in an
effort to understand more fully the factors involved and determine how the
system can be improved in order to help prevent future deaths.
The review team would report periodically to the
Governor and the Legislature to assist the State and local communities in
improving domestic violence prevention measures.
The review team would be established 180 days after the bill becomes law.
Ensures That Domestic Violence Offenders Can Not
Control Disposition of a Victim's Remains
Under the legislative agreement, individuals who have been charged with causing
the death, or who were the subject of a restraining order protecting the
deceased person, will not be eligible to exercise control of the disposition of
the deceased remains.
Current state law details which individuals have the right to control the
disposition of remains, without any consideration as to whether the person
entitled to exercise such right may have killed the deceased.
The agreement today ensures that individuals who
exhibit extreme hostility towards a decedent – as evidenced by an order of
protection or being the subject of criminal charges arising out of the
treatment of such decedent – are barred from planning final funeral and burial
arrangements.
Recently, a woman in Western New York was brutally murdered, and her husband
was charged with her murder. The husband refused, for an extended period of
time, to make appropriate funeral arrangements, allowing the victim's body to
remain in the county morgue.
Because of the provisions of current law, the
county was not authorized to allow other family members to lay this woman to
rest. When the husband finally acted, he disposed of her body in a way that her
family believed was intentionally disrespectful and violated the woman's
beliefs.
This provision would take effect 30 days after the bill becomes law.
Improves
Safeguards to Protect the Location of Victims of Domestic Violence to Prevent
Further Abuse
Under the legislative agreement, victims of domestic violence will be better
able to keep their whereabouts confidential from offenders.
The agreement enhances the ability of victims to
shield their location by using a substitute mailing address maintained by the
Department of State (DOS).
Under this program, state and local governments
must accept the substitute address, with extremely narrow exceptions, and DOS will
forward mail on to participants' actual addresses. This part of the bill would
take effect immediately.
In addition, the legislative agreement allows victims of domestic violence that
seek medical and mental health services to have their insurance claims, forms,
or billing correspondence sent to a confidential address.
Too often, the address of the insurance
policyholder is the same address as the alleged abuser. The legislation would
allow victims to designate alternative contact information so they may receive
health insurance correspondence in a safe location of their own choosing, such
as the home of a friend or family member, a post office box, or a shelter.
This part of the bill would take effect on January 1, 2013.
The
following comments were provided in relation to the new legislation:
"Not since 1994, when I fought for the mandatory arrest policy for
situations involving domestic violence, have we made such significant progress
for those who are abused by an intimate partner or family member. This was a
collaborative effort and I genuinely believe with the enactment of this
legislation, we are making our State a safer place for many who live in fear.
Today, their voices have been heard." - Senator Steve Saland
"This life saving agreement creates better protections for victims of
domestic violence from abuse and harassment in their homes and personal lives.
Our society should not tolerate hateful acts of domestic violence and this new
law will continue our state’s long standing tradition of protecting women’s
rights. No one in the Empire State should have to live under the threat of
violence and fear." - Senator Marty Golden
"With an estimated 400,000 domestic violence incidents reported every year
in New York, this is a crisis that demands our attention and our best efforts.
I applaud my colleagues in the Assembly and Senate and the Governor for
supporting a legislative package that addresses these issues, protects victims,
and further penalizes abusers."
- Assembly Judiciary Committee Chair Helene
Weinstein
"I applaud Governor Cuomo and my colleagues in the Assembly and Senate for
working together on this important agreement. The enactment of this legislation
ensures that crimes of domestic violence can be effectively prosecuted and
abusers brought to justice. These measures are critical to strengthening our
ability to protect victims of abuse."
- Chair of the Assembly Codes Committee Joseph
R. Lentol
