2011 Legislative Agenda

Don't Let Guns into the Hands of Abusers
Anti-Violence Act (A.698B/S.4244A)

Victory! Bill Passes in the Sentate and Assembly

Keeping Guns Out of the Hands of Abusers
According to the Bureau of Justice Statistics, four women are killed by their current or former intimate partners every each day in the U.S., and a firearm is the most frequently used weapon in these murders. NOW-NYC pushed hard to pass a new law making sure our courts are providing the correct information to the FBI on individuals convicted of crimes involving domestic violence. By ensuring the FBI has this information on file, convicted domestic violence abusers attempting to buy a gun will be flagged in the background check done by gun retailers and disqualified from purchasing firearms. Already federal law, gaps in New York’s reporting system were letting some abusers fall through the cracks.  Thanks to this legislative victory, those gaps have been closed.  The bill was sponsored by Assembly member Amy Paulin and State Senator Stephen Saland. 

Act to Amend the Criminal Procedure law, in relation to certain domestic violence offenses

This Act will require that the State provide information to the FBI regarding all individuals who have been convicted of criminal misdemanors involving domestic violence. This information will include details about the relationship between the convicted criminal and victim, and will clarify whether the the criminal used or attempted to use physical force or a deadly weapon against the victim. By ensuring the FBI has this information on file, convicted domestic violence abusers attempting to buy a gun will be flagged in the background check done by gun retailers. Individuals found to be convicted of domestic violence crimes will therefore be disqualified from purchasing firearms. This Act will ensure that guns stay ouf of the hands and posession of convicted domestic abusers.

According to the Bureau of Justice Statistics, in the United States, four women are killed by their
current or former husbands or boyfriends each day. A firearm is the most frequently used weapon in these murders. Additionally, firearms and threats of murder are often used to intimidate a
woman into staying in a violent relationship.

.................................................................................................................................

Protect Hotel & Motel Employees from Sexual Harassment and Assault (A.8195-A)

Help Inform Hotel and Motel Employees About Their Rights Regarding Sexual Harassment

UPDATE: June 21, 2011 - Passes in the Assembly

Primary Sponsors: Assemblymembers L. Rosenthal & S. Silver
This Act would amend the Labor Law to require sexual harassment and sexual assault awareness training to all hotel and motel employees. This training would take place every two years for employees and would require employers to distribute and display a "Know-Your-Rights" brochure and Employee Bill of Rights.

This bill would:

• Require hotel and motel employers to provide workers with interactive sexual harassment training within two months of getting hired, and once every two years thereafter;
• Require hotels and motels to certify with the Department of Labor that they have provided sexual harassment training before April 1st of each year;
• Provide a penalty for a first violation of $500 and $1,000 for employees who do not provide this training
• Require the provision of a “know your rights” brochure to each employee of a hotel or motel at the start of his/her employment, as well as a signature certification by the employee that he/she received the brochure, on a form from the Department of Labor;
• Require hotels and motels to post employees’ rights in plain sight; and
• Require hotel and motel employers, under the guidance of the Department of Labor, to create a confidential incident reporting system.

.................................................................................................................................

NYS Bill to Raise Accountability for Johns (Affirmative Defense) (S618/A00253)

Primary Sponsor: Assembly Member Amy Paulin

Currently, in any prosecution for the crimes of patronizing a prostitute in the first or second degrees (sections 230.06 and 230.05 of the penal law), it is a defense that the defendant did not have reasonable grounds to believe that the person patronized was a child (section 230.07 of the penal law.)  The burden to disprove this falls upon the prosecutors.

By amending section 230.07 of the penal law to make it an affirmative defense, perpetrators will have to bear the burden of proving that they did not have reasonable grounds to believe that the person patronized was less than fourteen years of age. This bill would make it more difficult for children – both female and male – to be patronized for sex. 

In cases where the sex act has been completed, in addition to being charged with patronizing a prostitute in the first or second degree, perpetrators are also charged with the crime of 3^rd degree rape.  However, in cases where the act was not completed, or it cannot be proved that the act was completed; the charge of patronizing a prostitute will be the charge that will stand.

This bill serves to make it more difficult for those who are perpetrators of violence against children to act with impunity.

Take Action! Get in touch with your State Senator and State Assembly Member tell them why ending commercial sexual exploitation matters to you, and ask them to support bill S618/A00253. If they've already signed on, thank them for their support.

.................................................................................................................................

NYS Repeat Offender Penalty  (S1510/A1986)

Primary Sponsors:  State Senator Daniel Squadron and State Assembly Member Linda Rosenthal

The bill establishes the crime of aggravated domestic violence and an E felony-level charge for assailants that have been convicted of one or more specified domestic violence offenses within the past five years. NOW-NYC supports this bill with penalties that are higher than an E felony and is working with lawmakers to increase the penalty to craft the strongest bill possible. 

The currently proposed version of this legislation amends the penal and criminal procedure law in order to:
(1) create an E felony-level charge for cases in which an offender is repeatedly convicted of a domestic violence offense
(2) mandates the police to make an arrest by elevating domestic abuse from a violation to a crime, and
(3) expands sentencing options by implementing court-ordered corrective programs in which the offender can plead guilty to the most serious offense involved in the domestic abuse case and, with the permission of the judge and consent of the People, undergo treatment and education programs.

1 in 4 women will experience domestic violence in her lifetime. In New York State alone, intimate partner homicides represent 11% of all homicides and one-third of all adult women murdered were killed as a result of domestic violence. End domestic violence in your community by holding perpetuators accountable.

Take Action! Get in touch with your State Senator and State Assembly Member and tell them why ending domestic matters to you, and ask them to support stronger penalties for repeat offenders. Defendants convicted of an E-felony rarely go to jail.  This isn't good enough.  The bill in its current version can be found here: S1510/A1986.

.................................................................................................................................

NYS Reproductive Health Act (S05808/A11484 & S2844/A06112)

With a severe budget crisis looming over the nation, legislators have relentlessly threatened to deny women access to reproductive health services. Throughout the past couple of months, voters have witnessed the worst attack on women's health New York State has yet to experience. We have seen the dangerous sacrifices Congress is willing to make, without remorse, in the face of turmoil. It is imperative that New Yorkers demand the enactment of the Reproductive Health Act to protect women's legal access to abortion, contraception and other reproductive health services regardless of what happens to Roe. The Act, introduced by Senator Andrea Stewart-Cousins and Senator Jeffrey Klein in the State Senate as well as Assemblywoman Deborah Glick and Speaker Sheldon Silver in the State Assembly, will:

(1) Establish in New York State law that women have an affirmative right to control their reproductive health, (2) Ensure a woman's access to abortion in the case that her health is endangered or if the fetus has a fatal medical condition, (3) Guarantee one's right to use or refuse contraception, and (4) Update New York's laws so that abortion is regulated as a matter of public health instead of an exception in the criminal code.

Take Action! Get in touch with your State Senator and State Assembly Member and tell them why choice matters to you, and ask them to support The Reproductive Health Act (S2844/A06112). Learn More

What you can say:  ""Hi, I'm [name] from [neighborhood & borough]. As a pro-choice New Yorker and voter, I urge you to support the Reproductive Health Act A.6112."

.................................................................................................................................

NYS Fair Pay Act (S2200/A6130)

Primary Sponsors:  State Senator Liz Krueger and Assembly Member Keith Wright

The Fair Pay Act will put real reforms into place to close the wage gap for women here in New York State. NOW-NYC and fair pay advocates have long supported this legislation, which has passed in the Assembly every year since 2002, but has never made it to a vote in the Senate. The bill would help put a stop to undervaluing sectors dominated by women: it would ensure equal pay for equal and comparable work and protect workers from retaliation when seeking salary information.

Take action!  Reach out to your own State Senator and State Assembly Member and ask them to vote yes on the Fair Pay Act.  Learn about NOW-NYC's work on equal pay |  Get equal pay stats | See bill

.................................................................................................................................

NYS: Holding Landlords Accountable for Safety (S127/A335)

Primary Sponsors: State Senator Jose Peralta and Assembly Member Amy Paulin

This bill would increase the civil liability for landlords in cases where a tenant becomes a crime victim on their property or in their home. The legislation would require that landlords provide reasonable security in compliance with current law, such as providing working front door locks. If landlords fail to comply with the law, even though they are aware of prior criminal activity in and around their buildings, they may be held accountable if their tenant is harmed by a criminal who gains access because of their negligence. 
NOW-NYC & the Service Fund Letter of Support

.................................................................................................................................

Preserving U.S. Family Planning Funding & Abortion Access

There are countless restrictive, anti-choice bills that are being introduced in Congress, including bills that would end all insurance coverage for abortion and protect a fetus over the life of a woman.  Furthermore, there are new attacks on the family plannign budget anticipated as the debate over the 2012 budget heats up.  Stay up to date on developments and bills that we must stop on our Reproductive Rights issues page.

.................................................................................................................................

U.S. Paycheck Fairness Act (S.797/H.R.1519)

Women make up almost half of the U.S. labor force, yet across all levels of education women still earn only 77 cents on the dollar of what men earn. The Paycheck Fairness Act was re-introduced in Congress on April 12th.

This bill will strengthen the Equal Pay Act of 1963 with key updates to:
(1) protect workers who share salary information,
(2) strengthen the enforcement of equal pay laws, and
(3) institute training and education to help close the wage gap.

Fields historically dominated by women are underpaid, women are often segregated into the lower paying sectors within their industries, and women are still subject to discrimination that places them at a disadvantage when it comes to starting salaries, promotions, and pay raises. However, women in the workforce are more vital than ever: almost 40% of mothers are primary earners, and a majority of U.S. households rely on two incomes.

It's time to take action! Contact your Senators and your Representative and ask them to support the Paycheck Fairness Act. If they've already signed on, thank them for their support. (See House co-sponsors.) 
Notes on New York City:  Senator Gillibrand has already signed on.  Representatives Carolyn Maloney (NY-14) and Charles Rangel (NY-15) from Manhattan are also sponsors.