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Crime Committee Report e.indd - New York State Senate

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2009-2010 Domestic Violence Legislative Agenda 39<br />

The Task Force supported the Domestic Violence Omnibus bill (Governor’s Program bill).<br />

S.5031-A<br />

Chapter 476 of the Laws of 2010<br />

Hassell-Thompson*, Adams, Breslin, Krueger, Oppenheimer, Sampson, Schneiderman<br />

/A.9017 Weinstein<br />

The provisions of this new law will:<br />

• z require that attorneys for children be trained on the dynamics of domestic violence so<br />

they and better counsel and represent their clients;<br />

• z require courts to state on the record how the findings, facts and circumstances of domestic<br />

violence or child abuse were factored into the custody or visitation determination,<br />

where such abuse was established by a preponderance of the evidence;<br />

• z allow evidence of certain sex crimes committed against members of the same family or<br />

household to be heard in family court order of protection proceedings, while ensuring that<br />

mandatory arrest applies and that orders of protection are filed with the statewide registry;<br />

• z provide for transmission of domestic violence incident reports (DIRs) involving probationers<br />

or parolees to the relevant agency as soon as practicable;<br />

• z provide that records be made available to law enforcement when there is a conviction of<br />

the violation of harassment in the second degree against a member of the same family or<br />

household and;<br />

• z provide greater protections to victims by adding the length of incarceration to the maximum<br />

expiration date previously allowed for orders of protections issued in misdemeanor<br />

and violation cases.<br />

Chapter 428 of the Laws of 2009<br />

S.5036 Hassell-Thompson*, Diaz, Huntley, Krueger, Onorato,<br />

Sampson/A.3843a(Rosenthal)<br />

A bill to amend the social services law to prohibit the state or any political subdivision (government<br />

office) from compelling a victim of domestic violence to contact her or his abuser in<br />

order to qualify for public benefits.<br />

This bill would require the government office to provide a confidential intermediary in cases<br />

where the application for public benefits would require confirmation of a lease or documentation<br />

of residency and would therefore endanger the safety of the victim.<br />

S.5037 [S5993] Hassell-Thompson* Diaz, Huntley, Krueger, Onorato, Oppenheimer, Thompson /<br />

A4809-A<br />

This bill required that rehabilitation programs for female inmates in state correctional<br />

facilities be equivalent to those provided to male inmates of correctional facilities elsewhere<br />

in the state, provided that such rehabilitation programs shall include, but not be limited to,<br />

vocational, academic and industrial programs. There have existed, for years, a great disparity in<br />

the types and numbers of vocational and industrial programs and classes accessible to woman<br />

inmates during their incarceration; far fewer than are offered to men and for jobs that pay less<br />

than the hourly rate in ‘traditional’ male occupations.<br />

39 *Denotes member of NYS <strong>Senate</strong> Task Force on Domestic Violence<br />

Standing <strong>Committee</strong> on <strong>Crime</strong> Victims, <strong>Crime</strong> and Correction | 2009-2010 <strong>Report</strong> 35

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