NYS Coalition Against Domestic Violence


To view archived Policy updates pages please click on the links below: 2005 NYSCADV Policy Update 2006 NYSCADV Policy Update 2007 NYSCADV Policy Update 2008 NYSCADV Policy Update 2006 Regular Legislative Session Ends The 2006 Regular Legislative Session ended on Friday, June 23, 2006. The State Legislature passed new bills impacting survivors of domestic violence and their children. A comprehensive review of actions and inaction by the Legislature is currently underway and will be shared in the near future. In the meantime, summarized below are four issues we were tracking closely. New Laws Passed: S.6441/A.9691 � Requiring certain employers to develop and implement programs to prevent workplace violence � Passed the Senate (5/2) and the Assembly (5/17). Signed by the Governor on 6/7/06 � Chapter 82. Summary: This legislation amends the Labor Law to require public employers to develop and implement workplace violence prevention programs. Relevant definitions are: "Employer" means: (1) the state; (2) a political subdivision of the state, provided, however that this subdivision shall not mean any employer as defined in section twenty-eight hundred one-a of the education law (defines school safety plans); and (3) a public authority, a public benefit corporation, or any other governmental agency or instrumentality thereof. b. "Employee" means a public employee working for an employer. c. "Workplace" means any location away from an employee's domicile, permanent or temporary, where an employee performs any work-related duty in the course of his or her employment by an employer. Legislation Passed in Both Houses and Pending Governor�s Action: S.8096/A.10447 � Requiring Supreme Court to Assign Counsel to Indigent Persons - Passed the Senate (6/15) and the Assembly (6/19). Awaiting Governor�s signature. Summary: Requires supreme court to assign counsel to indigent person pursuant to the family court act when the proceeding is one over which the family court has jurisdiction. Presently, an indigent person involved in a custody dispute in family court is entitled to a court appointed attorney. If the same dispute is heard in supreme court, the right to an attorney is not available. This inconsistency results in a denial of representation simply based on the venue of the case. Clearly, a custody dispute in supreme court should be handled in the same manner as a custody dispute in family court. There is no justification for providing indigent persons an attorney in family court and not in supreme court. To further exacerbate this problem, it is possible for a monied spouse, faced with a custody case in family court, to commence a divorce action and seek to remove the custody determination to supreme court. If the other spouse qualified for an attorney in family court, such action could deprive the non-monied spouse of representation. Similarly, a monied spouse can commence a divorce action in supreme court to insure his or her indigent spouse cannot benefit from FCA section 262 with respect to the custody determination. Although it is true that a non-monied spouse can apply for attorney's fees in a divorce action, such determination is discretionary, and fundamentally different than the mandatory assignment of counsel contained in FCA section 262. Consequently, an indigent litigant in supreme court is not entitled to counsel, while an indigent litigant in family court is eligible for an assigned attorney. S.6871a/A.9907a � Increasing the Duration of Criminal Court Orders of Protection � Passed the Senate (6/22) and the Assembly (6/19). Awaiting Governor�s signature � Sent 7/14/06. Summary: This legislation amends the Criminal Procedure Law sections 530.12(5) and 530.13(4) to greatly extend the current maximum permissible duration of a final order of protection. Specifically, the measure provides that a final order of protection: (1) for felony convictions, must not exceed the greater of eight years from the date of conviction (replacing the current maximum of five years from the date of conviction) or eight years from the date of the expiration of the maximum term of an indeterminate sentence or the term of a determinate sentence actually imposed (replacing the current maximum of three years from such expiration date); (2) for class A misdemeanor convictions, must not exceed five years from the date of sentencing (replacing the current maximum of three years from the date of conviction); and for all other convictions, must not exceed two years from the date of sentencing (replacing the current maximum of one year from the date of conviction). S.7691a/A.10767 � Includes Animals to be Protected Under the Provisions of a Court Order of Protection � Passed the Senate (6/23) and the Assembly (6/22). Awaiting Governor�s signature � Sent 7/14/06. Summary: This legislation amends the Family Court Act and the Criminal Procedure Law to include the following language pertaining to pets: to refrain from intentionally injuring or killing, without justification, any companion animal the defendant knows to be owned, possessed, leased, kept or held by the victim or a minor child residing in the household. If you wish to speak to someone about Policy related issues, or if you wish to inquire about NYSCADV Membership, making a Donation , or for general assistance please contact our office: NYSCADV 350 New Scotland Avenue Albany New York, 12208 Phone: 518-482-5465 Fax: 518-482-3807 Email: nyscadv@nyscadv.org