Originally Posted - April 25, 2007


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Legislature Considers Measures To Protect Crime Victims

ALBANY-In observance of National Crime Victims' Rights Week, members of the New York State Senate Majority Conference have passed a comprehensive package of legislation aimed at protecting victims of domestic violence while the Assembly says it will consider a series of measures designed to give crime victims improved treatment and services.

Senate action on the legislation was announced at a Capitol news conference where members of the Senate Majority were joined by Mrs. New York State 2007 Lori Donaudy of Smithtown, Long Island. A former victim of domestic abuse, Lori's platform as Mrs. New York includes raising awareness of domestic violence, supporting victims, and raising funds for Joe Torre's Safe at Home Foundation.

The Senate passed two bills to strengthen existing law and establish the crime of endangering the welfare of a child when an act of domestic violence is committed in the presence of a child.

Studies indicate that children who witness domestic violence exhibit more aggressive behavior, depression, anxiety, low self-esteem, and low cognitive, verbal and motor skills.

The Senate also passed a bill that would authorize family courts to issue orders of protection for witnesses called to testify in family court. Very often witnesses are fearful of testifying because it may put them in danger. Providing an order of protection will help ensure the safety of witnesses.

In addition, the Senate passed legislation to allow courts to issue orders of protection for a period of time beyond that currently authorized or a permanent order of protection. Other states have enacted similar provisions to provide increased and continued protection for both domestic violence and stalking victims.

The bills were sent to the Assembly.

The Senate also announced the introduction of legislation that would:

    -require GPS monitoring on persons who have an order of protection issued against them;

    -require a court, when issuing a temporary order of protection, to suspend a firearm license, and order the immediate surrender of all firearms if the individual has been previously convicted of violating an order of protection by inflicting physical injury upon someone;

    -permit the use of closed-circuit television for the victims of alleged domestic violence to testify in court;

    -allow electronic filing of orders of protection
Earlier in the legislative session, the Senate passed the following bills related to the protection of victims of domestic violence that would:
    -include stalking by technological means - including illegal wiretapping, cell phones, caller ID, the Internet, GPS, and any other type of tracking device - as an element of the current crimes of stalking in the first, second, and third degrees;

    -add victims of domestic violence to the list of protected classes who shall not be discriminated against by an employer in terms of hiring or employment practices
To date, there has been no action in the State Assembly on either of these two bills. Assembly Speaker Sheldon Silver and Governmental Operations Chair RoAnn Destito said a series of measures relating to crime victims would be considered this week.

The lawmakers said that, if enacted into law, the measures would assist victims by reducing administrative red tape and alleviating the financial hardships and discrimination they face.

Silver noted that while the bulk of the package would be on the floor this week in commemoration of National Crime Victims Week, a number of the bills had already passed the Assembly earlier this year.

"Crime Victims Week is critically important because it serves to reinforce our understanding that for crime victims and their families, the grief, pain and suffering they face continue long after an actual crime is committed. We must support their recovery and offer immediate and long-term assistance as they try to get on with their lives," said Silver (D-Manhattan).

The lawmakers noted that one of the goals of the Assembly's package is ensuring that victims receive the assistance they need in a faster, more efficient and responsive manner. Provisions of the package would focus on improving the knowledge, training and resources of New York State's Crime Victims Board (CVB) and law enforcement and court officials who deal with crime victims. These measures would:
    -require a minimum of 15 hours of training and instruction for all police officers and attorneys employed in the district attorney's office with respect to crimes involving sexual assault. This bill also would require the Office of Court Administration to provide training to judges and justices at the New York State Judicial Institute with respect to these crimes

    -allow courts to direct anti-trust fines to be paid to the CVB and, create a victims' assistance program and require each CVB member to take a course in crime victim assistance.
Two of the bills included in the package seek to reduce financial hardships for crime victims including a bill which would enable parents and guardians who experience loss of earnings due to the hospitalization of a child victim to be eligible for a crime victim's award.

A second bill would define the term "necessary court appearance" for purposes of determination of a crime victims' award to include any part of the trial from arraignment through sentencing, pre- and post- trial hearings, and hearings before the parole board.

Highlighting the reality that far too often domestic violence victims face discrimination, another proposal would prohibit an employer or licensing agency from refusing to hire or employ a victim of domestic violence or stalking because of the victim's actual or perceived status. The legislation would also apply to barring or discharging domestic violence or stalking victims from employment. 4-25-07

© 2007 North Country Gazette

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