Three domestic violence bills awaiting action
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Flipping the calendar from October to November brings an end to Domestic Violence Awareness Month, and with it an opportunity for Gov. Kathy Hochul to sign five pieces of domestic violence-related legislation.
Kyra's Law is one of those bills. The legislation (S.6194C/S.2280C) Kyra’s Law is named in memory of 2-year-old Kyra Franchettie, who was shot and killed by her father during a court-ordered unsupervised visit in 2016. The law would prioritize child safety and the evaluation of abuse allegations in family court custody and visitation proceedings.
According to the legislative memo, Kyra’s Law would require courts to conduct a review in custody and visitation proceedings involving allegations of domestic violence, child abuse or substantial risks of harm to a child warranting the court's immediate attention. It would expand the evidence a court considers to include risk factors, such as threats to harm or kill, stalking, violence during pregnancy, unlawful dissemination of intimate images, coercive control and a recent pattern of substance abuse, The section would also permit review of certain uncertified records in proceedings for temporary visitation and custody; allow waiver of notice in emergency ex parte applications; and make substantial risk findings a significant factor in custody and visitation determinations.
Kyra’s Law would also expand custody and visitation procedures in state Supreme Court by requiring courts to advise parties of counsel rights; require courts to explain on the record the basis for custody and visitation determinations; prohibit adverse inferences against protective parents or assumptions regarding a child's reluctance to interact with a parent; and require recurring judicial training on child safety and domestic violence' issues.
Also left unsigned as of Monday is the Ceasing Repeated, Extremely Egregious and Predatory (CREEP) Behavior Act (A.3226A/S.3394). Sponsored by Assemblywoman Jessica Gonzalez-Rojas, D-East Elmhurst, and Sen. Andrew Gounardes, D-Brooklyn, the legislation was approved 139-2 in the state Assembly, with Assemblyman Andrew Molitor, R-Westfield, and Assemblyman Joe Sempolinski, R-Canisteo, among the votes in favor, and 59-0 in the state Senate with Sen. George Borrello, R-Sunset Bay, voting in favor.
The legislation would create a new type of order of protection, called an anti-stalking order, for anyone subject to a series of enumerated penal offenses including stalking, assault or attempted assault, harassment, unlawful dissemination or publication of an intimate image, reckless endangerment, identity theft, and coercion. Those offenses are also some of the qualifying offenses for which victims may petition for an order of protection in Family Court if they occur between family members or intimate partners. Petitioners could apply for a temporary anti-stalking order until the date of a hearing during which a final anti-stalking order could be issued. The final order, if approved, can include cessation of contact, refraining from remotely controlling the petitioner’s devices, avoiding the petitioner’s home, school, or business, paying reasonable attorneys' fees.
Anti-stalking orders would also be entered into the statewide computerized registry that other orders of protection are entered into and may be reconsidered or modified upon the request of the petitioner. Violations for breaking an anti-stalking order are subject to the same penalties that apply to violations of other orders of protection, which
may range from a Class A misdemeanor if the violation fits the definition of second-degree menacing or second-degree criminal contempt, up to a Class E felony if the violation occurs as part of first-degree criminal contempt, to a Class D felony if the violation occurs as part of aggravated criminal contempt.
"In creating a new, more easily obtained order of protection through the civil court system, the CREEP Act modernizes New York’s OP system to account for the broader, digitized landscape in which harassment now occurs. It will provide immediate relief to victims of harassing behavior without a prerequisite arrest, better protecting victims for whom the existing methods of obtaining an OP are out of reach," Gonzalez-Rojas and Gounardes wrote in their legislative justification.
Also passed by the state Legislature, and as yet unsigned, is A.4899C/S.2280C, legislation sponsored by
Assemblywoman Sarah Clark, D-Rochester, and Sen. Lea Webb, D-Binghamton, that would require law enforcement officers to conduct a lethality assessment as part of the standardized domestic incident report form when responding to incidents of domestic violence. The legislation was approved unanimously by the state Legislature.
"Lethality assessments are a useful tool for law enforcement when responding to a domestic dispute," Clark and Webb wrote in their legislative justification. "Studies have shown that the combination of questioning of victims while immediately providing resources for victims is a powerful tool in reducing deadly outcomes for victims. This
“collaborative police and social service intervention” has its roots in Maryland, but other states including Utah and Florida have recently codified lethality assessments into law to ensure all police departments are able to utilize this tool aimed at fully assessing a domestic situation. Through the lethality assessment and resource sharing, law enforcement empowers victims with information, potentially saving their lives. A recent study indicated that the use of lethality assessments reduces female homicide by men by almost 40%."