Assemblyman Fred W. Thiele, Jr. (I, D, WF, WE – Sag Harbor) announced that he helped pass legislation to address domestic violence and provide increased assistance and protection for victims as they seek justice and rebuild their lives.

“Domestic violence is a tragic reality that affects families all across New York State and often goes unreported,” said Assemblyman Thiele. “We must do more to provide the support that these victims need to regain their lives, encourage victims to come forward and ensure justice is better served in domestic violence cases.”

While domestic violence is severely underreported, the statistics are still startling. In the United States, over 10 million women and men are victims of severe physical violence by an intimate partner each year.^[1] Survivors and their loved ones often deal with trauma years after the abuse has stopped. The Assembly legislative package seeks to meet the urgent needs of those affected and ensure everyone who seeks help can get it.

Preventing work discrimination

The Assembly legislation includes a measure to prevent employers from discriminating against victims of domestic violence as well as allow these employees reasonable accommodations in the workplace as they address issues, such as counseling or court appearances, related to their abuse A.1481-A.

“Victims of domestic violence have already suffered far too much and deserve every opportunity to move forward with their lives,” said Assemblyman Thiele. “Their past trauma doesn’t define them, and they absolutely should not be discriminated against by their employer or prevented from achieving gainful employment as they embark on their new journey.”

Increasing protections for victims

“Those who experience domestic violence are not just victims – they are survivors,” said Assemblyman Thiele. “It’s up to us to make sure the brave women, men and children who contend with domestic violence are empowered, treated with respect and have the support they need to break free.”

The legislative package includes a bill that enacts the Domestic Violence Escalation Prevention Act, which prevents certain perpetrators of domestic violence from owning a firearm (A.5025). To further keep guns out of the hands of these criminals, an additional measure requires convicted abusers to surrender their firearms, closing a potentially deadly loophole in state penal law A.980. While individuals convicted of domestic

violence felonies are prohibited from owning guns, current law doesn’t apply to those convicted of misdemeanor crimes of domestic violence.

To help victims distance themselves from their abusers, the legislative package also:

• allows victims of domestic violence to break a telephone, cable or broadband contract, as well as a shared or family plan wireless contract, without incurring cancellation fees A.1056, A.946;
• codifies requirements for health insurers to provide victims of domestic violence the ability to have claim information and benefits sent to an alternative mailing address A.4060; and
• requires hospitals to establish procedures regarding domestic violence and ongoing training programs for staff, and to designate a hospital staff member to coordinate services for victims A.4014.

Allowing more victims to seek justice

“Getting justice can be a major step in overcoming the trauma of domestic violence and putting the pieces of a survivor’s life back together,” said Assemblyman Thiele. “These measures will make perpetrators pay for their crimes so victims can move forward.”

The legislation includes a measure allowing judges expanded discretion in sentencing defendants who are victims of domestic violence where the abuse was a significant factor in the commission of an offense A.3110. These victims would be able to seek lesser sentences, alternative-to-incarceration (ATI) programs and apply for resentencing if they are already serving their sentence. A three-part criterion will be used to determine eligibility based on whether the domestic violence was occurring at the time of the offense, if it was a contributing factor or if a sentence under existing law would be excessive.

The Assembly’s legislation would also:

• ensure victims of domestic violence understand their legal rights and access to services during criminal and family court proceedings by simplifying the language in court documents A.5921;
• allow victims of domestic violence to receive damages for economic and non-economic losses from all defendants found liable in civil court A.1390; and
• increase the statute of limitations in actions for injuries occurring as a result of domestic violence in civil court proceedings from one to two years A.1516.

Love should always be marked by respect, safety and understanding, and victims of domestic violence and sexual assault should know that they are never alone, noted Assemblyman Thiele. Help and support are always available. New York’s toll-free hotline is open 24 hours a day at 1-800-942-6906. For additional information, visit the New York State Office of Victim Services’ website at ovs.ny.gov or the New York State Office for the Prevention of Domestic Violence website at opdv.ny.gov. Locally, contact The Retreat, Inc. at (631) 329-4398.

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^[1] cdc.gov/violenceprevention/pdf/intimatepartnerviolence.pdf