Alliance: Newsletter: Fall 2005: Policy Update
Newsletter: Fall 2005: Policy Update
Federal
Military Victims of Violence Confidentiality ActRep. Louise Slaughter and colleagues have introduced the Military Victims of Violence Confidentiality Act in the House of Representatives.
The bill will ensure protections for victims of violence associated with US Armed Forces. The bill will also establish a comprehensive confidentiality policy to include privilege under military law. Further, a victim will be able to refuse disclosure and prevent any other person from disclosing confidential information.
The bill is prompted by several cases entailing the violation of privacy of victims of violence in which service providers and treatment records have been subpoenaed. The bill will address the disparity between recent policy directives cited as "Reporting and Nonreporting Options" and privilege under the Uniform Code of Military Justice and Manual for Courts Martial.
Further information about the Military Victims of Violence Confidentiality Act, can be obtained by contacting Michelle Adams, Office of Rep. Louise Slaughter, at 202-225-3615 or michelle.adams@mail.house.gov or the National Center for Victims of Crime at www.ncvc.org.
Violence Against Women Act (VAWA)
The Violence Against Women’s Act has passed the reauthorization process in the House of Representatives with a vote of 415-4. In addition to passing the Violence Against Women Act, the House of Representatives also passed the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009 (H.R. 3402). H.R. 3402 includes the controversial Manager’s Amendment The Manager’s Amendment will: 1) Secure DOJ grants including the new Justice Assistance Grants programs and the Weed and Seed program grants; 2) Ensure that Native American Tribes are eligible for grants; 3) Eliminate language that would allow certain grants to be awarded based solely on race or ethnicity; 4) Make provision for Hurricanes Katrina and Rita which encourages cooperation between the federal, state, and local courts. This would allow the local and state courts to use federal buildings in order to ensure the least amount of legal proceedings would be disrupted as a result of damaged buildings from the hurricanes (U.S. House of Representatives Committee on Rules: http://www.rules.house.gov/109/specialrules/109rulehr3402.htm). The U.S. Senate also passed its version of the Violence Against Women Act (VAWA) (S.1197) by unanimous consent. Now the Senate and House VAWA bills must be considered by a conference committee to work out the differences between the two bills. To be continued!
State
The Unintended Pregnancy Prevention ActGovernor Pataki vetoed the Unintended Pregnancy Prevention Act on August 4, 2005. This bill would have allowed women 16 years of age and older to obtain emergency contraception in pharmacies. Currently, 7 states have passed similar laws which allow victims of sexual assault access to over-the-counter emergency contraception. The Alliance supports this legislation because of its positive affect on the physical and emotional recovery of rape victims in addition to increasing the access women have to emergency contraception by allowing the prescription to be obtained over-the-counter. We will be following up with the Emergency Contraception Coalition for next steps.
Statute of Limitations
No statute of limitations bill was passed in New York State during the past legislative session. This is quite surprising given the high interest and number of bills introduced during the year. Primarily, these bills all seek to eliminate the statute of limitations on B-felony sexual assaults. The advent of DNA technology has made it possible to identify a perpetrator long after the statute has expired and these bills provide victims with increased opportunities to bring their perpetrators to justice.
Human Trafficking
The trafficking of women, men and children is now recognized as a severe form of abuse and torture. Two bills have been introduced in New York State to combat trafficking. One piece of legislation is A1898-a by Assemblyperson Dinowitz. A1898-a would ensure that New York State has a strong and effective legal framework within which to combat human trafficking. The supporters of this legislation recognize the particular need to combat trafficking in New York, which currently serves as an entry, transit, and destination point for large numbers of trafficking victims.
The strength of this legislation lies in its comprehensive approach, covering all aspects of human trafficking. It includes provisions which 1) comprehensively define sex and labor trafficking; 2) create the possibility of effectively prosecuting those who create the demand for trafficking; 3) recognize the link between sex tourism and sex trafficking; 4) impose enhanced penalties for the trafficking of minors; and 5) seek to ameliorate the harm done to trafficking victims by providing them with information about rehabilitative and legal services, restitution, a civil cause of action for damages against their traffickers, and immunity from prosecution. These provisions are essential in creating an effective and comprehensive policy that would specifically deter traffickers. This proposed legislation would also address the unique harms experienced by victims of trafficking and would ensure proper prosecution for all individuals who perpetuate and profit from the human trafficking industry.
A bill has been introduced by NY Attorney General Eliot Spitzer to “amend the penal law and the executive law in relation to the offense of trafficking in humans” ([1] Attorney General’s Legislative Program Bill). His proposed bill would allow for victims of human trafficking to receive payment from the New York State Crime Victims Board which is not currently mentioned in any other proposed legislation within NY State.
[2] ← previous article | [3] next article →
[1]: http://www.oag.state.ny.us/crime/legis_agenda_05/AG%2062-05.pdf
[2]: http://www.nycagainstrape.org/home/nycaasa/stage.nycagainstrape.org/newsletter_article_214.html
[3]: http://www.nycagainstrape.org/home/nycaasa/stage.nycagainstrape.org/newsletter_article_216.html
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