A Column by Assemblyman Will Barclay
Domestic violence is a widespread problem across the nation and in New York.
According to the State Office of Court Administration, in 2016 more than 28,000 domestic assaults were reported to police agencies outside of New York City.
October is National Domestic Violence Awareness Month, a reminder that this type of abuse is prevalent and that educating the public on this important topic can help save lives.
One way to provide critical information to families that could help prevent instances of domestic violence is by passing Brittany’s Law.
Brittany’s Law would create a public registry of violent, felony offenders that would operate similar to the state’s sex offender registry.
Those convicted of violent felonies would be required to register as a violent felon with the NYS Division of Criminal Justice Services within 10 days of being released from prison and would be required to re-register annually or if their address changed.
The public would have access to the online registry and would be able to search to see if they have violent offenders living in their neighborhoods – just as the public can with the sex offender registry.
The law is named for Brittany Passalacqua, the 12-year-old daughter of Helen Buchel. Both Brittany and Helen were brutally murdered in November 2009 by John Edward Brown in Geneva, NY.
Brown had a criminal history that included a conviction for assaulting his infant daughter in 2003.
According to Helen’s mother, Dale Driscoll, Helen was unaware of Brown’s violent past when she became involved with him.
Since the tragedy, Helen’s mother and state representatives have been fighting for the enactment of Brittany’s Law.
Studies repeatedly have shown that violent felony offenders are likely to repeat violent crimes when released from prison.
According to the U.S. Bureau of Justice Statistics, 71.3% of violent offenders are arrested for a new crime within five years of release.
Looking at the recidivism rate in New York State, in 2011 the NYS Department of Corrections and Community Supervision released a study finding that 45% of violent felony offenders were likely to be re-incarcerated.
Throughout our communities in New York State, there are probably many individuals like Helen, who have unknowingly come into contact with an individual with a violent, criminal past – whether it’s their neighbor or even someone in their household.
Passing Brittany’s Law would give the public access to important information about people they meet, which can save lives and prevent tragedies.
The Senate has passed this bill eight times. Unfortunately, the Assembly Democrats have consistently blocked Brittany’s Law from reaching the floor for a vote.
Despite bipartisan support, the bill has remained in the Assembly Corrections Committee since 2010.
Throughout our communities in New York State, there are likely many individuals like Helen, who have unknowingly come into contact with an individual with a violent, criminal past – whether it’s their neighbor or even someone in their household.
Had Brittany’s Law been in place in 2009, it’s possible that Helen Buchel would have had the tools to discover Brown’s criminal background prior to inviting him into her home.
Fourteen other states have similar violent criminal registries. New York should be next.
Locally, we are fortunate to have excellent agencies in place that help victims of domestic violence and abuse. Vera House in Onondaga County manages a 24-hour crisis support hotline for people who may be in danger, need advice or access to resources. That number is (315) 468-3260.
Oswego County residents may call the county’s abuse and assault hotline at (315) 342-1600.
Jefferson County residents may call the Victim Assistance Center’s 24-hour hotline at (315) 782-1855.
For an emergency, dial 911 or call the New York State Domestic and Sexual Violence Hotline at 1-800-942-6906.
For general information, visit http://www.opdv.state.ny.us or call 1-866-704-2503.
If you have any questions or comments or if you would like to be added to my mailing list or receive my newsletter, please contact my office by mail at 200 N. Second St., Fulton, NY 13069, by e-mail at [email protected] or by calling (315) 598-5185.