New York victims of domestic violence will benefit from five (5) new laws.
- The gap between federal and state anti-domestic violence firearms laws has been closed by preventing individuals who are convicted of certain violent misdemeanors from purchasing firearms. Currently, a federal firearms dealer may not sell a firearm to a person who has been convicted of a misdemeanor involving domestic violence. Previously, information about New York convictions was not transmitted to the FBI’s criminal background system. Therefore, individuals with prior convictions could purchase firearms.Under the new law, when a defendant has been convicted of assault, menacing, forcible touching or criminal obstruction of breathing or blood circulation and it has been established that he or she is related to the victim, the New York court must notify the New York Division of Criminal Justice Services (NYDCJS). The NYDCJS must then notify the FBI and the defendant is identified as a person prohibited from purchasing and possessing a firearm. Those considered related to the victim are a former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim (effective Nov. 29, 2011).
- Final orders of protection now commence on the date of sentencing rather than upon conviction (effective May 13, 2011).
- An Address Confidentiality Program will authorize the use of designated addresses for New York victims and their children for the purpose of service of process and receipt of mail. This program permits the victim’s new address to remain anonymous, thus preventing the batterer from locating the victim and committing further abuse (effective June 23, 2012).
- Victims of Criminal Obstruction of Breathing or Blood Circulation are now eligible for monetary awards from the New York Office of Victim Services even if the victim did not sustain any physical injury (effective Dec. 22, 2011). The group of domestic violence victims eligible for support services has been expanded to include persons who are in an intimate relationship. The crimes for which the victims are eligible for those services have also been expanded (effective April 13, 2011).
- A Missing Vulnerable Adults Clearinghouse has been created to provide a coordinated plan to address the problem of missing adults with cognitive impairments, mental disabilities or brain disorders. Modeled on the “Amber Alert” system, New York will join four other states in assisting families of cognitively impaired adults in locating their missing loved ones (effective Oct. 23, 2011).
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