Enacts Danielle DiMedici, Jessica Tush and Brittany Passalacqua's Law

3 Co-sponsors

• Andrew J. Lanza
• Marc Panepinto
• Diane J. Savino

Title of bill

An act to amend the penal law, in relation to establishing the crimes of failure to register or verify as a domestic abuse offender in the first and second degrees; to amend the correction law, in relation to enacting "Danielle DiMedici, Jessica Tush and Brittany Passalacqua's Law"; and to amend the criminal procedure law, in relation to domestic abuse offenders

Purpose

To establish a Domestic Abuse Offender Registry.

Summary of provisions

Amends the correction law to require Domestic Abuse offenders as defined In Section 2 of the Bill, 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 Domestic Abuse Offenders.

Justification

Several states have some form of a Domestic Abuse offender registry's. Unfortunately, New York is not among those progressive states that have taken constructive steps to maintain the whereabouts of such offenders who, as research indicates, are often repeat violent crimes upon release from supervision. Protecting the public from the sourge of Domestic Violence is a primary governmental interest and the registration of convicted 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 committing an act of domestic violence against his infant daughter in 2003 by committing a felony assault against her. Subsequent to his release from prison, He murdered Helen Buchel and her daughter Brittany Passalacqua in Geneva in 2009 each of whom had no knowledge of his domestic violence past. These are just two examples of how the release of a dangerous criminal from supervision without community notification 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

New Bill

Fiscal implications

To be determined.

Effective date

180 days after enactment, with provisions.