Enacts "The Domestic Violence Prevention Act- Brittany's Law" requiring registration of violent felony offenders

20 Co-sponsors

• Joseph A. Griffo
• George Amedore
• Phil Boyle
• John J. Flanagan
• Rich Funke
• Patrick M. Gallivan
• Martin J. Golden
• Timothy M. Kennedy
• Andrew J. Lanza
• William J. Larkin Jr.
• Kathleen A. Marchione
• Jack M. Martins
• Robert Ortt
• Marc Panepinto
• Michael H. Ranzenhofer
• Patty Ritchie
• Joseph E. Robach
• Susan Serino
• James L. Seward
• Catharine Young

Title of bill

An act to amend the penal law and the correction law, in relation to enacting "The Domestic Violence Protection Act - Brittany's Law"

Purpose

To establish a violent felony offender registry.

Summary of provisions

Amends the correction law to require violent felony offenders as defined in § 70.02 of the penal law, to register with DCJS upon discharge, parole or release from any state or local facility, hospital or institution and to allow dissemination of and access to certain information to the general public. Annual registration requirements and corresponding procedural guidelines are established to allow local law enforcement agencies and the state to monitor the whereabouts of violent felony offenders.

Justification

Many other states have some form of a violent felony offender registry. Unfortunately, New York is not among those progressive states that have taken constructive steps to track the whereabouts of violent felony offenders who, as research indicates, are likely to repeat violent crimes upon release from prison. Protecting the public from violent offenders is a primary governmental interest and the registration of convicted felony offenders reentering the community is a control that helps protect individuals from victimization. This bill, with provisions based on the "Omnibus Sex Offender Registration Act," represents a balanced and comprehensive approach to this effort.

A man charged in a brutal attack of a victim in Massena, New York, was out on parole and had a lengthy history of arrests including assault with a hammer. John Edward Brown, a parolee, was released from prison after serving only 2 1/2 years of a 3 year sentence for violently assaulting his infant daughter in 2003. He murdered Helen Buchel and her daughter Brittany Passalacqua in Geneva in 2009. These are just two examples of how the early parole of a dangerous criminal has led to tragedy.

In the wake of these and other violent attacks, it has become clear that we must increase our efforts to further protect our citizenry. This proposal will not only provide law enforcement with a valuable investigative tool in the fight against violent crime, but it also provides important information to communities since violent felony offenders post a high risk of reoffending once released from custody.

Legislative history

2011 - Passed Senate; Held in Correction Committee in Assembly. 2012 - Passed Senate; Held in Correction Committee in Assembly; 2013/2014- Passed Senate; Held in Correction Committee in Assembly

Fiscal implications

To be determined.

Effective date

180 days after it shall have become a law.