NYS Coalition Against Domestic Violence


2008 Regular Legislative Session Ends This is the current update for legislation pertaining to domestic violence and violence against women and children, which passed during the 2008 New York State Legislative Session. Special notice should be made to Fair Access, as it is outlined below FAIR ACCESS TO FAMILY COURT SIGNED INTO LAW! Over the past 20 years, advocates across the State of New York have been urging the NYS Legislature to allow all victims of domestic violence access to civil orders of protection. On Tuesday, June 24, 2008 the marathon ended with the passage of A11707 and S8665. Before it's passage, New York was the only State that did not have some form of broader access to civil orders of protection. Thank you to all of the advocates and allies that have demanded fair access over the past 20 years! New Laws Passed Chapter 3267/21/08 - Weinstein/Winner EXPANDED ACCESS TO FAMILY COURT/IDV COURTS RE ORDERS OF PROTECTION SUMMARY: Provides that orders of protection may be entered against any member of the same family or household; expands the definition of "members of the same family or household", for purposes of issuance of orders of protection and temporary orders of protection and the concurrent jurisdiction of family courts and criminal courts, to former spouse whether or not living together and unrelated persons who continually or at regular intervals reside in the same household or have done so in the past, and persons who are or have been in a dating or intimate relationship whether or not they have ever lived together. EFFECTIVE DATE: Immediately, and shall apply to orders of protection pending or entered on or after such effective date. Chapter 695/7/08 - Paulin/Saland "911 LAW"- CRIMINALIZES INTERFERENCE WITH CALLS FOR EMERGENCY ASSISTANCE SUMMARY: Makes "intentionally preventing a person from communicating certain requests for emergency assistance" a crime of criminal mischief in the 4th degree, i.e. when a person intentionally disables or removes telephonic or electronic equipment (such as a TTY) when such telephone or equipment is being used to seek emergency assistance: (a) from police, law enforcement, fire or emergency medical services personnel or; (b) in an attempt to protect himself, herself or a third party from imminent physical injury. An ownership interest in such communication equipment, on the part of the defendant, is not a defense.EFFECTIVE DATE: July 6, 2008. Chapter 4068/5/08 - Fuschillo/Pheffer FREE SECURITY FREEZE OF CREDIT REPORT FOR DOMESTIC VIOLENCE VICTIMS SUMMARY: Provides consumers who are victims of domestic violence with a free security freeze report upon request; establishes no consumer credit reporting agency shall advise a third party of the fact that a consumer requesting a security freeze is alleging to be the victim of domestic violence or identity theft without the written authorization of the consumer. EFFECTIVE DATE: Effective immediately Chapter 4009/4/08 - Bradley/Saland CRIMINALIZES KNOWING REPORT OF FALSE CHILD ABUSE CLAIMSUMMARY: Makes it a crime to knowingly report a false claim of child abuse or maltreatment, when the false report is provided to the statewide central register of child abuse and maltreatment, or the false report is provided to any person required to report cases of suspected child abuse or maltreatment under the social services law, knowing that the person is required to report these cases and with the intent that the alleged occurrence be reported to the statewide central register.EFFECTIVE DATE: 180 days after becoming law Chapter 5389/4/08 - Duane/Bing NON-PENALTIES IN CUSTODY/VISITATION FOR GOOD FAITH EFFORTS TO PROTECT CHILD SUMMARY: Amends the domestic relations law, to provide that a person shall not be penalized in child custody hearings for making good faith efforts to protect a child against abuse. EFFECTIVE DATE: Effective immediately Chapter 5199/4/08 - Scarborough/Kruger CONCURRENT PETITIONS SEEKING CUSTODY UNDER DIFFERENT ARTICLES OF FAMILY COURT ACTSUMMARY: Allows a concurrent petition to be filed under Article 6 of the Family Court Act (FCA) seeking custody or guardianship of a child who is the subject of a pending Article 10 child abuse or neglect proceeding or who is placed in foster care under Article 10; and to expand the list of dispositional options in FCA � 1052 to include custody under Article 6 and to clarify which dispositions may be used in combination with others. EFFECTIVE DATE: 3/3/09 - 180 days after becoming law Chapter 5329/4/08 - Kruger/Rosenthal ADDRESSES INADEQUACIES IN 2006 LAW ALLOWING PETS IN ORDERS OF PROTECTION SUMMARY: Provides that orders of protection in child support, paternity, persons in need of supervision, custody and matrimonial proceedings may prohibit the unjustified killing or injuring of the companion animal of the person protected by such order or of any minor child residing with such protected person (as opposed to 2006 language referring to petitioner, which in non-family offense, custody and parent-initiated PINS cases is a government entity, not the victim.EFFECTIVE DATE: 12/31/08 - 90 days after becoming law Chapter 5109/4/08 - Spano/Flanagan ADDS WRITTEN COMMUNICATION TO ELEMENTS OF AGGRAVATED HARASSMENT IN THE 2ND DEGREESUMMARY: Establishes a person is guilty of aggravated harassment in the second degree when, with the intent to harass, annoy, threaten or alarm another person he or she transmits or delivers a written communication, which includes a recording, in a manner likely to cause annoyance or alarm.EFFECTIVE DATE: 12/31/08 - 90 days after becoming law Chapter 5849/26/08 - Paulin/Saland PROVIDES FOR UNDOCUMENTED IMMIGRANT ELIGIBILITY FOR DOMESTIC VIOLENCE SHELTER SUMMARY: Provides for an "alien" or undocumented immigrant to be eligible for residential services for victims of domestic violence. EFFECTIVE DATE: 9/25/08 - Immediately Chapter 6029/26/08 - Robach/Mayersohn ALLOWS CHILD PROTECTION SERVICES ACCESS TO CRIMINAL HISTORY REPORTS OF ADULTS IN RESIDENCE SUMMARY: Provides for child protective services units or a person with law enforcement background who is designated by the commissioner of the local social services district with access to criminal history reports of adults (1) residing with alleged or suspected abuse, maltreated, or neglected children or (2) named in a report of child abuse, maltreatment, or neglect.EFFECTIVE DATE: Effective immediately Chapter 5699/26/08 - Scarborough/Volker SAFE HARBOUR FOR EXPLOITED CHILDREN ACTSUMMARY: Amends the social services law and the family court act, to require local social services districts to provide crisis intervention services and community based programming for exploited youth. (Safe Harbour for Exploited Children Act) EFFECTIVE DATE: 4/1/2010 Chapter 5749/26/08 - Destito/Griffo PROTECTION AND ADVOCACY FOR CHILD VICTIMS AND CHILD WITNESSES SUMMARY: Amends the social services law and the executive law, in relation to protection and advocacy for child abuse victims and child witnesses.EFFECTIVE DATE: 3/24/2009 - 180 days after becoming law Chapter 5959/26/08 - Weinstein/DeFrancisco REQUIRES COURT TO REVIEW ORDERS OF PROTECTION & WARRANTS REGISTRIES PRIOR TO CUSTODY/VISITATION ORDERSUMMARY: Amends the domestic relations law, the family court act, the executive law and the correction law, in relation to the issuance of orders of custody and visitation, to require a court, prior to issuing any order of custody and/or visitation, to review orders of protection, warrants of arrest and sex offender registries, with regard to the party seeking custody and/or visitation; also requires disclosure of the results of such review to counsel for the parties. EFFECTIVE DATE: 1/23/09 - 120 days after becoming law Chapter 6019/26/08 - Defrancisco/Weinstein DEFINES "PROPERTY OF ANOTHER" TO INCLUDE JOINTLY OWNED PROPERTY SUMMARY: Amends the penal law, to establish for the purposes of the crime of criminal mischief and related offenses that "property of another" shall include property jointly or co-owned by another person. EFFECTIVE DATE: 11/1/08 Chapter 6239/26/08 - Kruger/Titus CERTIFICATION AND APPROVAL OF FOSTER AND ADOPTIVE PARENTS WITH CRIMINAL CONVICTIONSSUMMARY: Amends the social services law and the domestic relations law, in relation to certification and approval of foster and adoptive parents who have been convicted of certain crimes EFFECTIVE DATE: 10/1/08 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 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