Legislative Update from Assemblyman Andrew Hevesi |
Hevesi Laws Strengthen Protection for Victims of Domestic Violence |
After consulting with the office of Queens County District Attorney Richard Brown, Hevesi and Domestic Violence Bureau Chief Scott Kessler drafted two pieces of legislation. The first corrected a gap in the penal law that had enabled certain repeat offenders to avoid a penalty enhancement in existing law. The second increased jail-time for perpetrators who repeatedly violated orders of protection and committed the worst crimes including physical abuse, stalking or threatening their victim with a weapon. “I am very proud that my first laws were created with the help of my friends in the Queens District Attorney’s Office. My first experience in government was working in the Domestic Violence Bureau of the Queens DA’s office as a paralegal. It is especially gratifying to be able to give them the tools they need to protect some of our most vulnerable citizens. I am eternally grateful for their help,” Hevesi said. Assembly bill A.10151 / S.7055 was written to address a serious problem in New York State; that orders of protection were being routinely violated. That troubling reality indicated that the penalties set in existing law had proven insufficient to deter repeat offenders. Hevesi’s bill increased the maximum penalty for violating an order of protection from a class E felony to a class D felony, which carries with it a penalty of up to seven years in jail. Bill A.10150 / S.7054 closed a loophole in the existing law by adding aggravated criminal contempt to the list of predicate offenses that raised misdemeanor-level criminal contempt to felony-level criminal contempt.
Both bills had the support of the New York State Coalition Against Domestic Violence and the New York State District Attorney’s Association. The bills were carried through the State Senate by Queens Senator Serphin Maltese and passed overwhelmingly in both houses. “It was a privilege to have Senator Maltese sponsor these bills in the Senate. I am proud that we worked together on the first two laws of my career,” Hevesi said. Hevesi’s bills were part of a three-bill domestic violence package designed to provide longer and stronger orders of protection. A.9907A, a measure introduced by Westchester Assembly member Amy Paulin and co-sponsored by Hevesi, increased the duration of orders of protection in criminal courts from three to five years in misdemeanor cases and from five to eight years for felony convictions. “These bills send a message to the perpetrators of domestic violence: We will not tolerate domestic violence offenses in New York State. No New Yorker should have to live being harassed, threatened or abused!” |
Local Programs Available to Residents of the 28th Assembly District |
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*For more information on the programs listed above please call my office at (718) 263-5595* | |||||
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