The Niagara Frontier Chapter and New York State Women, Inc. have been working with the NYS Senate and NYS Assembly to pass legislation called “Jilly’s Law.”  On June 16, 2012 Phyllis Phillips, Second Vice President of the Niagara Frontier Chapter (and Co-Chair of NFC's Jilly's Law Legislation Project), received a letter from Assemblyman Robin Schimminger stating: 

“An important legislative initiative was just passed by both houses of the Legislature that not only strengthens protections for domestic violence victims, but also incorporates provisions of "Jilly's Law." As a sponsor of this new legislation, A10624 / S7638, I am pleased that bipartisan agreement was reached on this measure that was passed on June 12th by both the Assembly and Senate and is expected to soon be signed into law by the Governor.  While it is disappointing that "Jilly's bill," was not enacted as a freestanding measure, it is a lasting tribute to the memory of Jill Cahill that the reform that you and others lobbied for will soon become law.”

Information from the Senate Home Page states: “On June 12, 2012 The NYS Senate and NYS Assembly passed legislation that will protect victims of domestic violence and establish stronger criminal penalties to punish individuals who commit acts of domestic violence.”

The Senate bill (S7638), sponsored by Senator Steve Saland, Chairman of the Senate Codes Committee, and the Assembly bill (A10624) sponsored by Assemblyman Joseph Lentol, Chairman of the Assembly Codes Committee represent a three-way agreement among the Senate, the Assembly and Governor Cuomo.  It includes several important provisions included in bills that have already passed the Senate this year, such as bail reforms and increased penalties for domestic violence crimes.

“Not since 1994, when I fought for the mandatory arrest policy for situations involving domestic violence, have we made such significant progress for those who are abused by an intimate partner or family member,” said Senator Saland. “This was a collaborative effort and I genuinely believe with the enactment of this legislation, we are making our state a safer place for many who live in fear.  Today, their voices have been heard.”

"This legislation builds on our commitment to combat domestic violence and protect innocent victims, which has always been a focus of our Senate Republican conference,” Senate Majority Leader Dean G. Skelos said.  “Rather than politicize his issue as others have done, we’ve worked cooperatively with the Governor and Assembly to once again show that government can function and deliver on a critically important issue.  I applaud the Governor for his leadership and commend Senator Saland and Senator Golden for helping us achieve a strong bill that will save lives.” 

Senator Marty Golden, a former New York City Police Officer stated, “This life saving bill creates better protections for victims of domestic violence from abuse and harassment in their homes and personal lives. Our society should not tolerate hateful acts of domestic violence and this new law will continue our state’s long standing tradition of protecting women’s rights. No one in the Empire State should have to live under the threat of violence and fear.”

Highlights of the domestic violence legislation include the following:

• Establishing a domestic violence fatality review team to examine factors involved in deaths related to domestic violence;
• Expanding factors for bail consideration including prior violations of orders of protection;
• Creating a new felony-level crime of Aggravated Family Offense, where the defendant and victim are members of the same family or household;
• Elevating the crime of Harassment from a violation to a Class A misdemeanor, where the defendant and victim are members of the same family or household; and
• Prohibiting a person who was served with an order of protection or charged in the death of a decedent from controlling the disposition of the person’s remains.

"It is appalling that, under state health law, a person who has murdered their spouse may control the remains and funeral arrangements," said Senator Ranzenhofer.  "This domestic violence legislation will prohibit a person from doing so and will finally right a wrong, protecting families in the future from intensifying grief after the tragic passing of a loved one." 

“Victims of domestic violence deserve to know that law enforcement officials have all the tools they need to protect people from abusive partners,” Senator Andrew Lanza said.  “This legislation is a major step forward in the fight to end domestic violence,  helping to discourage these horrible crimes and provide more appropriate punishment when they occur. I thank Senator Saland for his commitment to this important issue which impacts so many New York families.”

"In Dutchess, Putnam and Westchester counties, we have had numerous families fall victim to domestic violence, as well as Police Officer John Falcone who, while in the line of duty, was caught in the dangerous crosshairs of domestic violence,” Senator Greg Ball said.  “This is an epidemic that tears families apart and represents the absolute most dangerous call to respond to for law enforcement. The fact that 25 percent of women experience domestic violence is appalling and should be considered a public health problem. We must continue to strengthen existing laws in order to ensure that perpetrators are being held accountable for their violence.”

In the letter to the Niagara Frontier Chapter New York State Women, Inc., Assemblyman Robin Schimminger writes:  “Important strides have been made this Session in regard to domestic violence issues.  Unfortunately all of these issues are rooted in the pain, trauma and experiences of countless victims, like Jill Cahill, who were abused by someone they loved or once loved. The legislation that was passed this session is not only a tribute to Jill Cahill and the others who shared a similar fate, but part of their legacy as well.”

HIGHLIGHTS OF COMPREHENSIVE DOMESTIC VIOLENCE BILL

• Establishes within the Office for the Prevention of Domestic Violence a domestic violence fatality review team to examine factors involved in domestic violence homicides and suicides and make recommendations.
• Expands factors courts must consider when determining recognizance or bail for domestic violence crimes.
• The court must consider and take into account any prior violations of orders of protection and the defendant’s history of use or possession of a firearm.
• Prohibits a person who was served with an order of protection or arrested or charged in the death of a decedent from controlling the person’s remains.
• Creates a new crime of Aggravated Family Offense committed when one commits a “specified offense” and has been convicted of one or more such offenses within the immediately preceding five years. Aggravated Family Offense is a Class E felony. The victim does not have to be the same person or member of the same family or household.
• Among the crimes considered to be a "specified offense" are the following: Assault; Menacing; Reckless Endangerment; Stalking; Strangulation; Manslaughter; Murder; Sexual Misconduct; Rape; Sexual Abuse, Unlawful Imprisonment; Burglary; Predatory Sexual Assault of a Child; and Harassment.
• Increases the crime of Harassment from a violation to a Class A misdemeanor, where the defendant and victim are members of the same family or household;
• Strengthens and broadens the Address Confidentiality Program (ACP) which allows a victim of domestic violence to escape from actual or threatened domestic violence to establish a new mailing address with the NYS Secretary of State in order to prevent abusers from finding them.
• Permits victims of domestic violence to obtain information from their health insurance companies by alternative means or at alternative locations, and prohibit insurers from publicly disclosing the address, telephone number or other information without direct consent from the policyholder.

This legislation currently awaits the governor’s signature.

Assembly Sponsor: Rules (Lentol)

Assembly Co-sponsors:  Silver, Weinstein, Paulin, Rosenthal, Schimminger, Cymbrowitz, Schimel, Englebright, Lupardo, Arroyo, Barrett, Bronson, Castro, Cusick, Dinowitz, Gabryszak, Galef, Glick, Hevesi, Jaffee, Kearns, Malliotakis, Mayer, McEneny, Miller M, Peoples-Stokes, Ramos, Reilly, Roberts, Russell, Simanowitz, Simotas, Skartados, Thiele, Weprin, Zebrowski

Link to the assembly bill: http://assembly.state.ny.us/leg/?bn=A10624&term=2011

Senate Sponsor: Saland

Senate Co-sponsors: Golden, Lanza, Ranzenhofer, Ball, Klein, Avella, Carlucci, Gallivan, Gianaris, Grisanti, Hassell-Thompson, Kennedy, O'Mara, Oppenheimer, Savino, Squadron, Valesky

Link to the Senate bill: http://open.nysenate.gov/legislation/bill/S7638-2011

Assemblyman Schimminger also stated in his letter to the Niagara Frontier Chapter: “It is also important to note that another measure, A2651B / S6308A, was passed by the both houses of the Legislature on June 1st. This bill addresses transitional shelter assistance for victims who are trying to leave their homes and secure permanent housing away from their abuser. Currently, New York State is the only state in the nation that provides welfare-based shelter programs for domestic violence victims. Shelter assistance is limited to 90 days, but experience has shown that in some cases 90 is not enough time to obtain safe, alternative housing. A2651B / S6308A would allow for a 45-day extension, if needed.”