Courts Must Report Convictions Connected to Domestic Violence

The judiciary already reports to the governor and the legislature information about foreclosures, criminal caseloads, the composition of jury pools and other issues. The latest requirement comes at a time when
layoffs and early retirements have left fewer people available to compile such data. “Anything extra that is given to us, 'burden' is not the word, but it does stretch our resources,” said Justice Fern A. Fisher, administrative judge for the courts in New York City. “We will comply with it.”

Warwick Town Court Justice Peter D. Barlet, the head of the New York State Magistrates Association, said he is worried that another reporting requirement will create problems for some town and village court justices, especially, those without adequate staff. There are about 2,100 town and village justices in 1,750 courts around the state. Mr. Barlet said that the crimes to be reported to the state are an “everyday” occurrence in those communities. “I would say that taken singularly, this is probably something we could handle,” Mr. Barlet said. “But it seems like any additional reporting requirements for us could be burdensome.”

Judge Melissa Jackson the supervising judge for Manhattan Criminal Court, said she believes her court could properly identify or “stamp” cases involving domestic violence without undue burden. “I don't think there is anybody who doesn't understand what a domestic violence case is,” Judge Jackson said. “The only thing that has broadened with recent changes is what the definition[s] of 'intimate relationships' are.”

What Is Being Reported Under the New Directive?

Offenses covered by the new reporting system are third-degree assault (PL 120.00); criminal obstruction of breathing or blood circulation (PL 121.11); second-degree menacing (PL 120.14); and forcible touching (PL 130.52). According to the state Division of Criminal Justice Services, about 8,600 convictions for those crimes occurred as of Nov. 22, 2011. But the division does not know how many of those cases involved domestic violence.

The new statute defines potential victims of domestic violence as members of the same “family or household” as spelled out under CPL.530.11(1). They include married couples, formerly married couples, people with a child in common, people who have never been married but who have had an “intimate relationship,” and people who have lived together previously.

Under the new procedures, local district attorneys are to notify defendants within 45 days of their arraignments that they have been identified as having committed a domestic violence crime. Upon conviction for one of the offenses enumerated in the law, they would be offered a hearing. Judge Jackson said she expects most defendants would not choose to have hearings.

Court clerks will send the information to the Division of Criminal Justice Services, which will forward it to the FBI. The notification will allow the FBI to deny the purchase of a gun “without further research.”

The reporting requirement was approved by the Legislature and governor earlier this year as A698/S4424. It was sponsored by Assemblywoman Amy Paulin, D-Scarsdale, and Senator Stephen M. Saland, R-Poughkeepsie.

Joel Stashenko is a reporter with the New York Law Journal, an ALM sister publication of this newsletter in which this article also appeared. He may be contacted at [email protected].

The state legislature has directed the courts to flag misdemeanor convictions involving domestic violence, the latest among several kinds of data legislators demand from the judiciary. Consequently, since Nov. 29, 2011, information about four offenses has been funneled to the National Instant Background Check System, a federally administered program created under the Brady Handgun Prevention Act to discourage people convicted of violent crimes from buying guns.

Amy Barasch, the executive director of the New York state Office for the Prevention of Domestic Violence, said the presence of a gun in a household where domestic violence occurs increases the chances of fatalities by six times. “This new law will help us ensure that the federal prohibition against qualifying misdemeanor domestic violence offenders' eligibility to access a firearm is strongly enforced,” Ms. Barasch said.

Administrative Headache?

The judiciary already reports to the governor and the legislature information about foreclosures, criminal caseloads, the composition of jury pools and other issues. The latest requirement comes at a time when
layoffs and early retirements have left fewer people available to compile such data. “Anything extra that is given to us, 'burden' is not the word, but it does stretch our resources,” said Justice Fern A. Fisher, administrative judge for the courts in New York City. “We will comply with it.”

Warwick Town Court Justice Peter D. Barlet, the head of the New York State Magistrates Association, said he is worried that another reporting requirement will create problems for some town and village court justices, especially, those without adequate staff. There are about 2,100 town and village justices in 1,750 courts around the state. Mr. Barlet said that the crimes to be reported to the state are an “everyday” occurrence in those communities. “I would say that taken singularly, this is probably something we could handle,” Mr. Barlet said. “But it seems like any additional reporting requirements for us could be burdensome.”

Judge Melissa Jackson the supervising judge for Manhattan Criminal Court, said she believes her court could properly identify or “stamp” cases involving domestic violence without undue burden. “I don't think there is anybody who doesn't understand what a domestic violence case is,” Judge Jackson said. “The only thing that has broadened with recent changes is what the definition[s] of 'intimate relationships' are.”

What Is Being Reported Under the New Directive?

Offenses covered by the new reporting system are third-degree assault (PL 120.00); criminal obstruction of breathing or blood circulation (PL 121.11); second-degree menacing (PL 120.14); and forcible touching (PL 130.52). According to the state Division of Criminal Justice Services, about 8,600 convictions for those crimes occurred as of Nov. 22, 2011. But the division does not know how many of those cases involved domestic violence.

The new statute defines potential victims of domestic violence as members of the same “family or household” as spelled out under CPL.530.11(1). They include married couples, formerly married couples, people with a child in common, people who have never been married but who have had an “intimate relationship,” and people who have lived together previously.

Under the new procedures, local district attorneys are to notify defendants within 45 days of their arraignments that they have been identified as having committed a domestic violence crime. Upon conviction for one of the offenses enumerated in the law, they would be offered a hearing. Judge Jackson said she expects most defendants would not choose to have hearings.

Court clerks will send the information to the Division of Criminal Justice Services, which will forward it to the FBI. The notification will allow the FBI to deny the purchase of a gun “without further research.”

The reporting requirement was approved by the Legislature and governor earlier this year as A698/S4424. It was sponsored by Assemblywoman Amy Paulin, D-Scarsdale, and Senator Stephen M. Saland, R-Poughkeepsie.

Joel Stashenko is a reporter with the New York Law Journal, an ALM sister publication of this newsletter in which this article also appeared. He may be contacted at [email protected].