Provides for notice of release of the accused to be given to the victim of an alleged family offense

7 Co-sponsors

• Ruben Diaz
• Thomas K. Duane
• Liz Krueger
• George Onorato
• John L. Sampson
• Malcolm A. Smith
• Toby Ann Stavisky

Title of bill

An act to amend the family court act and the criminal procedure law, in relation to family offense notification procedures

Purpose

This bill provides for procedures to be used in considering the release of persons arrested for family offenses and requires notification to be given to victims of such offenses.

Summary of specific provisions

This bill adds a new section to the family court act, section 829 and amends the criminal procedure law, section 530.12 to apply to family offense notification and release procedures. Upon releasing a person accused of committing a family offense from custody, the court shall notify the petitioner or victim of such release, when the court determines that notification is necessary to protect the petitioner or victim. Notice shall be by first class mail, unless the court determines that notification by telephone is required.

Justification

According to the American Medical Association, nearly one quarter of the women in the United States (more than 12 million) will be abused by a current or former partner during their lives (an estimated six million women each year). Domestic violence is a serious and complex issue that demands a fundamental rethinking of how we assure protection to the victims. Generally, when a person is released after an arrest for domestic violence, the abuser is let back into the community and returns to his or her former place of residence. Unfortunately, this is often the residence of the victim or victims. Furthermore, studies show that the average person arrested for domestic violence spends less than half a day in police custody, giving victims very little time to make arrangements for their future safety.

This bill would make the courts, prior to the release of an abuser, notify the victim of the abuser's impending release into the community. This will enable the victim time to take any necessary precautions to minimize the chance of future abuse. It will be the responsibility of the victim to let the courts know of their address and telephone number if they desire prior notification of the release. Notification will be given by telephone or overnight mail.

Legislative history

1996 - A5861B - referred to judiciary 1998 - A4298 - referred to judiciary 2000 - A5438 - referred to judiciary 2002 - A2262 - referred to judiciary 2004 - A3985 - referred to judiciary 2006 - S4428 - referred to Judiciary 2008 - S2259 - referred to Judiciary

Fiscal implications

None.

Effective date

This act shall take effect on the first of January next succeeding the day the bill shall become a law.