Relates to providing unlisted numbers for domestic violence victims

Section 2 of the bill would amend the general business law by adding a new section 399-zz, which would require cable telephone providers to provide to victims of domestic violence for whose benefit a permanent order of protection has been issued, for the duration of such order, an unlisted telephone number or a modified or alternative listing free of any charge otherwise applicable.

Section 3 of the bill would require the Offices for prevention of domestic violence and children and family services to assist the public Service Commission.

Justification

The State has the inherent authority under the doctrine of Parens patriae to protect children and citizens of limited capacity, and standing to bring suit on behalf of its quasi-sovereign interests, such as "health, comfort, and welfare" of the people. SEE, GIBBS V. TITELMAN , 369 F. Supp. 38, 54 (1973). Similarly, the state has the moral obligation and authority, and the ability to act, to protect the health, safety and welfare of the people, and particularly so, as here, where victims of domestic violence are seeking the State's aid to obtain refuge and protection from their aggressor.

According to the Centers for Disease control and Prevention and the National Institute of Justice, 25% of women have experience domestic violence in their lifetime. SEE, EXTENT, NATURE AND CONSEQUENCES OF INTIMATE PARTNER VIOLENCE , July 2000. Estimates range from 960,000 incidents of violence against a current or former spouse, boyfriend or girlfriend, to as many as 1.3 million women who are Physically abused by an intimate partner each year. See, U.S. Department of Justice, VIOLENCE BY INTIMATES, ANALYSIS OF DATA ON CRIMES BY CURRENT OR FORMER SPOUSES, BOYFRIENDS AND GIRLFRIENDS March 1998. Nearly 81% of women stalked by a current or former intimate partner are also Physically assaulted by that person, and roughly 31% are also sexually assaulted by that person. (See, Patricia Tjaden & Nancy Thoennes, "Stalking in America," National Institute for Justice (1998)). Finally, the estimated cost of intimate partner violence exceeds $5.8 billion each Year, more than 70% of which is for direct medical and mental health services.(See, "Costs of intimate partner violence Against Women in the United States," 2003, Centers for Disease Control and Prevention.)

It is time for New York State's victims of domestic violence to be able obtain an unlisted or modified telephone number so their aggressors would not be able to circumvent the permanent order of protection barring them from harassing, intimidating and sometimes coercing the victim over the telephone.

Prior legislative history

This bill was introduced in 2009.

A.5615 (2009) - Passed Senate A.6509 (2009) - Passed Assembly; Pulled back, Amended; Died in Assembly

However, a similar bill has the following legislative history over the nine years prior to 2009.

S.1518 (2008) - Energy and Telecommunications A.2934 (2008) - Passed Assembly S.1553 (2006) - Energy and Telecommunications A.9275 (2006) - Corporations, Authorities, Commissions S.3279 (2004) - Energy and Telecommunications A.3772 (2004 - Passed Assembly S.6427 (2002) - Energy and Telecommunications A.1669 (2002) - Passed Assembly A.3254B (2000) - Rules

Fiscal implications

None.

Effective date

This act shall take effect one hundred twenty days after it shall have become law.