No-Fault
Divorce: WBASNY
took an active position favoring no- fault divorce in 2004-5
although no legislation was actually enacted. In 2004-5, WBASNY
testified before the Matrimonial Commission, sent a representative
to the Assembly Roundtable Discussions on no- fault organized by Assemblywoman
Helene Weinstein, discussed the need for a no-fault statute in New
York in Albany in April, 2005 with the Chairs of the Senate and Assembly
Judiciary Committees, and was quoted on the subject in The New York
Times and the New York Law Journal.
In
addition, WBASNY President Andrea Phoenix's letter regarding
no-fault divorce was published in the Legislative Gazett e in June
2005 in response to the editorial letter written by Marcia Pappas,
president of New York State National Organization of Women, opposing
no-fault divorce in New York State. Ms Phoenix's letter is available
on line on WBASNY's website. Speaking for WBASNY, Ms. Phoenix pointed
out in said letter that:
“Eliminating
the requirement of fault to obtain a divorce will not, of course,
solve all the barriers to ensuring just results in “divorce court”.
For this reason, WBASNY supports enactment of no-fault divorce in
the context of comprehensive reform that also addresses the pressing
need for adequate counsel and expert fees for the less-monied spouse,
the guarantee that all issues would be resolved prior to entry of
Final Judgment, and provisions to prevent one party from unilaterally
draining all the marital assets before the court can resolve financial
issues.”
WBASNY
is hoping to see legislation drafted this year, which will contain
the safeguards for the less-monied spouse and victims of domestic
violence and children, referred to by Ms. Phoenix. For more
detail on these safeguards, please see WBASNY's Testimony before the
Matrimonial Commission in May 2005, which is available on line on
the WBASNY website.
Emergency
Contraception: The Paulin Spano bill on Emergency Contraception,
which WBASNY strongly supported for the last two years, was vetoed
by Governor Pataki in August of this year. The bill would have
allowed New York State pharmacists and registered nurses to
dispense emergency contraception from a non-patient specific order
written by either a licensed physician, certified nurse practitioner
or a licensed midwife. A letter from WBASNY
signed by President Andrea Phoenix urging the Governor to sign
the bill was delivered to Governor Pataki prior to his veto of
the bill. In the coming year, we will continue our efforts to promote
legislation designed to increase women's access to emergency
contraception.
Death
Penalty: WBASNY testified against reinstatement of the
death penalty in 2004-5 at Assembly Hearings. We will continue
to oppose efforts to reinstate the death penalty in 2005-6 for the
reasons stated in our written Testimony, which can be found on the
WBASNY website.
Legislation
providing for same sex marriage in New York: In March 2004,
WBASNY testified in favor of same sex marriage at the New York Legislature's
Public Forum on this subject. WBASNY lobbied in favor of such legislation
in Albany in both 2004 and 2005. We will continue to support this
legislation in 2006.
In
addition to the above, WBASNY actively lobbied for a number of other
bills relating to protection of children and victims of domestic violence
in 2004-5, which we will continue to support in 2005-6. These bills
include:
1)
Legislation on children's issues: One
such bill would provide that the fact that a person is in a
position of trust shall be deemed an aggravating factor to be taken
into account in sentencing a person who has committed a sexual assault
against a child (S.480 Skelos / A.508 Koon). The other bill would
expand the limited list of offenses concerning which a "vulnerable
child witness" may testify in a criminal proceeding by closed-circuit
television to include murder. The current list permits such testimony
concerning sex offenses and incest only. (S.470, Saland / A.3194 Schimminger).
Note that in 2003-4, WBASNY was instrumental
in getting passed a bill that allowed children age 14 and under
who are vulnerable witnesses to testify via closed circuit TV.
2)
Domestic Violence Legislation One such bill
would expand the jurisdiction of the family and criminal courts to
grant orders of protection (A.5052, Weinstein / S4303 Spano). Another
bill would provide for fixed orders of protection in criminal cases
in excess of the normal periods currently provided in the law and
require a substantial change in circumstances to modify such an order
(A.1972, Paulin / S.318 Saland).
New
Matters
The
Legislation Committee Agenda for the WBASNY meeting in September contains
a number of important new matters, which the WBASNY Committee, after
consultation with other appropriate WBASNY Committees, may decide
to bring to the WBASNY Board for consideration. To name just a few
of such matters, the Committee will discuss reauthorization of the
federal Violence Against Women Act S. 1197 and H. R. 2876, which is
coming up for reauthorization on September 30, 2005 in the US Congress
and two state bills proposed in New York criminalizing Human
Trafficking.
In
addition, at the September meeting and throughout the year, the WBASNY
Legislation Committee will consider a number of other bills relating
to issues of importance to WBASNY. Please feel free to contact me
if you would like to suggest a bill for the Committee's consideration.