New York State Senate Advances Legislation to Safeguard and Aid Domestic Violence Survivors

Clarifies and Expands the Meaning of “Welfare” in Relation to Crime Victim Awards: This bill, S.156, sponsored by Senator Julia Salazar, would expand the definition of “essential personal property” as it relates to determining awards for crime victims, ensuring those whose property has been lost, damaged, or stolen because of a crime can receive meaningful compensation necessary to restore stability and/or maintain a basic standard of living.

Establishes Statewide Public Housing Waiting List Priorities for Domestic Violence Survivors: This bill, S.871, sponsored by Senator Jamaal Bailey, would require public housing authorities that have established waiting list priorities to grant domestic violence survivors applying for public housing the same priority as other prioritized populations.

Combatting Coerced Debt: This bill, S.1353A, sponsored by Senator Cordell Cleare, would protect survivors of domestic violence and others who have been victims of economic abuse by establishing a right of action for claims arising out of coerced debt.

Removing ‘Voluntary Intoxication’ Exclusion: This bill, S.54, sponsored by Senator Nathalia Fernandez, would prohibit the use of the intoxication of victims as a defense in sex crimes, and establish that a person who is voluntarily intoxicated can be incapable of consent.

Requires Police to Take Temporary Custody of Firearms When Responding to Family Violence Reports: This bill, S.1985, sponsored by Senator Pete Harckham, would require police officers to take temporary custody of firearms and licenses to carry such weapons issued to the person arrested on suspicion of family violence. This custody period would last for up to one-hundred and twenty hours unless an Order of Protection, Extreme Risk Protection Order, or other court order has been issued.

Protects Domestic Violence Survivors in Shared Contracts: This bill, S.2416, sponsored by Senator Kevin Parker, would allow individuals who are under a shared contract to opt-out and be released of such contract without charges or penalties due to their status as a domestic violence survivor.

Redefines “Following” for Stalking in the Fourth Degree: This bill, S.3519, sponsored by Senator Jessica Scarcella-Spanton, would expand the definition of “following” for a crime of stalking in the fourth degree. It would include the use of certain devices or computers to gain access to, record, track, or report the movement or location of either a person or their property without permission or the authority to do so.

Codifies Lethality Assessment Requirements: This bill, S.2280A, sponsored by Senator Lea Webb, would require law enforcement officers to receive training on the use of lethality assessments, which they would be required to conduct when responding to incidents of domestic violence.