Governor Hochul Signs Legislative Package Strengthening Protections and Support for Survivors of Domestic Violence as Part of Domestic Violence Awareness Month

Press Release

Governor Kathy Hochul today signed a comprehensive package of legislation that will strengthen protections for survivors of domestic and gender-based violence by ensuring guns are seized from abusive partners and protecting the confidentiality of survivors. Governor Hochul signed the five bills into law alongside survivors, advocates and legislative champions at Union Settlement, a nonprofit providing resources to survivors in East Harlem.

"My administration is committed to eradicating domestic violence and supporting survivors - a mission that has been a lifelong journey for generations of women in my family," Governor Hochul said. "I am proud to sign these new laws that will enhance confidentiality, keep New Yorkers out of harm's way, and give them the flexibility they need to make the best decisions for themselves and their families."
Audio Photos

Signed during Domestic Violence Awareness Month, observed in October each year, the laws reaffirm Governor Hochul's steadfast commitment to protecting the rights of survivors and reducing the access abusive partners have to firearms, which are used in roughly a third of domestic violence homicides reported in New York State.

Office for the Prevention of Domestic Violence Executive Director Kelli Owens said, "Today's legislation will enhance safety for all survivors, because in domestic and sexual violence situations, safety matters above all else. Whether we're talking about gun safety, privacy rights, or financial abuse, we want New Yorkers to know that they have options, resources, and protections. I am honored to serve Governor Hochul, who has always been a true advocate for survivors."

Office of Victim Services Director Elizabeth Cronin said, "Much of the work done by victim assistance professionals is to provide services and support to victims and survivors in the aftermath of crime. This comprehensive package of legislation focuses on prevention by strenghtening the court's ability to restrict an abuser's access to firearms and empowering individuals to make choices that are in their best interests. I applaud Governor Hochul for efforts to reduce and prevent domestic and sexual violence and her steadfast commitment to improving the lives of victims and survivors of crime."

Legislation S.6363-A/A.8102 requires courts to order the seizure of firearms, rifles, and shotguns when an abusive partner willfully refuses to surrender them in defiance of a court order issued in connection with an order of protection. The law will ensure individuals who are subject to a protective order and already deemed to pose a danger will have their firearms seized if they fail to willfully obey a previous order to surrender them.

Legislation S.6443-B/A.8105-B requires criminal and family court judges inquire whether an individual they are subjecting to an order of protection possesses a firearm. While existing laws required these individuals to have their firearm license revoked or suspended, they did not require judges to pose this question.

State Senator Shelley Mayer said, "We cannot continue to allow firearms to remain in the hands of abusers because of loopholes that exist in our judicial system. The bills I sponsored with Assemblymember Clark, S.6363A/A.8102 and S.6443B/A.A8015B, are common sense measures that will provide greater protection to those facing gun violence, especially in domestic violence situations. Thank you to Governor Kathy Hochul for signing these bills into law."

Assemblymember Sarah Clark said, "As we continue to highlight Domestic Violence Awareness Month, two important bills signed into law today will strengthen court action around access to firearms and require additional steps to be taken when an order of protection has been granted. The immediate hours after the involvement of law enforcement or courts are the most dangerous for victims of domestic violence and the presence of firearms increase the likelihood of harm. We must do all we can to decrease risk of retaliation or further abuse. We also know the pandemic resulted in spikes in domestic violence and abuse across the board, making it clear that there was much more work to be done to expand resources and protections for survivors. The safety and ability of survivors to thrive cannot wait, and I am grateful for Governor Hochul's commitment to hope and her advocacy for our most vulnerable families."

Legislation S.3855/A.7748-A allows sexual violence survivors to apply to the state Board of Elections to have their voter registration information sealed from public view, thereby extending critical privacy protections that will exempt their records from being disclosed via freedom of information law request. Under the existing law, only the survivors of domestic violence crimes may keep this information confidential.

State Senator Tim Kennedy said, "It is critical that we do all we can to protect survivors of sexual violence from harassment and retaliation. By expanding the scope of survivors who qualify to have their voter records sealed, we are ensuring that simply doing one's duty as a citizen by voting does not require a survivor to put their health and safety at risk. Thank you to Governor Hochul for signing this important piece of legislation into law."

Assemblymember Fred Thiele said, "Several years ago New York State enacted legislation to protect the privacy and security of victims of domestic violence by permitting their voting records to be kept confidential upon request. My legislation expands this protection to include the victims of sexual offenses. Too many New Yorkers live in fear because of sexual violence. As we continue our battle against these heinous crimes, it is critical to provide privacy and security to the victims by allowing their geographic information relating to their voting records to be kept private. Victims should feel safe to exercise their constitutional right to vote. I thank Governor Hochul for approving this legislation."

My administration is committed to eradicating domestic violence and supporting survivors - a mission that has been a lifelong journey for generations of women in my family.
Governor Kathy Hochul

Legislation S.7157-A/A.6207-B expands the existing requirement of utility, wireless, cable, satellite, and telecommunication companies to allow individuals under shared contracts and survivors of domestic violence to opt-out of such contract without fee, penalty, or charge. The legislation expands on existing laws by further prohibiting actions by companies that may limit the ability or willingness of survivors to leave these shared contracts.

Source