Assemblyman Joe Giglio, R-Gowanda, has reintroduced several pieces of legislation in the state Assembly to combat domestic violence.

The package is smaller than the one Giglio introduced last year after leading the Assembly Minority Task Force On Preventing Domestic Violence. Specific pieces of legislation include:

≤ Domestic Violence Committed in the Presence of a Child – Creates a class E felony penalty for intentionally committing an act of domestic violence in the presence of a child who is 15 years of age or younger (A.5751).

“These children are more likely to suffer as adults from addiction and other health problems and become victims or perpetrators of violence,” Giglio wrote in his legislative justification. “We must hold domestic abusers accountable for the negative impact their destructive behavior has on the children who witness these incidents.”

The legislation is co-sponsored by Assemblyman Andrew Goodell, R-Jamestown.

≤ Domestic Violence Crimes – Create a Domestic Violence Crime which provides an enhanced penalty for a person who intentionally commits a specified offense against a member of the same family or household (A.5798).

Giglio said the task force brought to light gaps in state law that make prosecuting some domestic violence cases difficult. The legislation, which is co-sponsored by Goodell, would increase the penalty of a given offense unless the incident is a Class A or Class B felony if the incident happens during a domestic incident while also giving police more leeway to charge domestic abusers even if they don’t witness a violation or if the victim refuses to make a complaint.

The law would also allow courts to require someone convicted of a domestic violence crime to complete a program, training session or counseling session directed at domestic violence crime prevention and education.

“Elevating these violations to unclassified misdemeanor crimes would authorize law enforcement to arrest these abusers, sending a clear message to the abuser that his behavior is a crime and is taken seriously,” Giglio wrote in his legislative justification. “It would benefit the victim by immediately getting the abuser out of the house, giving them more time to plan for their safety. Providing meaningful consequences is an essential component of promoting accountability with respect to domestic violence.”

≤ Temporary Spousal Support — Permit a family court to award temporary spousal support in conjunction with the issuance of a temporary order of protection to aid victims of domestic violence who face financial burdens when an order of protection is issued against a moneyed spouse (A.5720).

Currently, the Family Protection and Domestic Violence Intervention Act authorizes family courts, when issuing orders of protection in family offense cases, to issue temporary orders of child support. However, there is no similar provision for temporary orders of spousal support.

“In a domestic violence situation, often times the petitioner seeking an order of protection is vulnerable and lacks the finances necessary to relocate and escape future violence,” Giglio wrote. “Accordingly, this bill would permit petitioners seeking a temporary order of protection to have access to emergency financial relief in the form of temporary spousal support. One should note that since this bill appears to address emergency situations, often financial disclosure will not have yet taken place. Accordingly, the bill permits issuance of a temporary order of spousal support notwithstanding that information with respect to income and assets of the respondent may be unavailable.”

≤ Temporary Housing Extension – Allows for three 45-day extensions to the maximum time allowable in an emergency shelter for victims of domestic violence (A.5674).

“Temporary emergency shelters assist victims of domestic violence in their greatest time of nee,” Giglio wrote. “The process of determining what the victim’s life will be like beyond their time in the shelter will vary based on individual needs. As such, the maximum time allowable in emergency temporary shelters has proven to be insufficient for many victims who are unable to find permanent housing and are still in need of emergency services. If a victim exhausts the two forty-five day extensions available to them now, but still find themselves unable to secure permanent safe housing, they may fall back to into an unsafe environment. By authorizing the use of an additional 45 day extension beyond the maximum 90 day stay for individuals who are still in need of emergency shelter, we can better ensure that victims find a safe and secure permanent landing place.”