
Inside the Final Days of NY's 2025 Legislative Session
Season 2025 Episode 23 | 26m 46sVideo has Closed Captions
Final week of session: Medicaid, Elise Stefanik, prison reform & Kyra’s Law.
Lawmakers wrap the 2025 legislative session with heated debates over federal Medicaid cuts, Elise Stefanik’s criticism of Gov. Hochul, and new criminal justice legislation. Plus, a look at the history and growing support behind Kyra’s Law, which aims to prioritize child safety in custody cases.
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Inside the Final Days of NY's 2025 Legislative Session
Season 2025 Episode 23 | 26m 46sVideo has Closed Captions
Lawmakers wrap the 2025 legislative session with heated debates over federal Medicaid cuts, Elise Stefanik’s criticism of Gov. Hochul, and new criminal justice legislation. Plus, a look at the history and growing support behind Kyra’s Law, which aims to prioritize child safety in custody cases.
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Learn Moreabout PBS online sponsorship[ THEME MUSIC ] WELCOME TO THIS WEEK'S EDITION OF "NEW YORK NOW."
I'M SHANTEL DESTRA.
IT'S BEEN QUITE THE BUSY WEEK AT THE STATE CAPITOL AS LAWMAKERS CLOSED OUT THE 2025 LEGISLATIVE SESSION.
TO START, DEMOCRATIC LEADERS OF THE LEGISLATURE HELD A JOINT PRESS CONFERENCE TO SPEAK OUT AGAINST FEDERAL CUTS TO MEDICAID.
THE LEADERS WARNED THAT PRESIDENT DONALD TRUMP'S BIG BEAUTIFUL BILL WOULD NEGATIVELY IMPACT NEW YORKERS ENROLLED IN THE HEALTH CARE PROGRAM.
MEANWHILE, ON THE REPUBLICAN SIDE OF THINGS, CONGRESSWOMAN ELIAS STEFANIK, WHO WAS REPORTEDLY CONSIDERING A RUN FOR GOVERNOR, HELD A PRESS CONFERENCE WITH THE MINORITY CONFERENCE OF THE LEGISLATURE.
STEFANIK AND THE REPUBLICAN LEADERS TOOK AIM AT THE GOVERNOR FOR WHAT THEY CALL RECKLESS SPENDING AND INEFFECTIVE POLICIES THIS YEAR.
THERE WAS ALSO AN INTRODUCTION OF POLICY IN THE FINAL HOUR, INCLUDING A COMPREHENSIVE CRIMINAL JUSTICE PACKAGE.
THE STATE SENATE ALSO VOTED TO PASS THE MEDICAL AID IN DYING ACT SENDING THE CONTROVERSIAL BILL TO THE GOVERNOR'S DESK.
TO DISCUSS THE NEWS THAT DROVE THE FINAL FULL WEEK OF THE LEGISLATIVE SESSION, WE ARE JOINED IN STUDIO BY ALEX GAULT OF THE WATERTOWN DAILY TIMES AND NORTHERN NEW YORK NEWSPAPERS AS WELL AS JEONGYOON HAN OF WXXI AND THE NEW YORK PUBLIC NEWS NETWORK.
[ THEME MUSIC ] THANK YOU BOTH SO MUCH FOR JOINING ME HERE TODAY.
THANKS FOR HAVING US.
THANKS FOR HAVING ME.
OF COURSE, ABSOLUTELY.
NOW TO START, AT THE TOP OF THE WEEK WE SAW DEMOCRATIC LEADERS SOUND THE ALARM ON MEDICAID CUTS COMING FROM THE PRESIDENT'S BIG BEAUTIFUL BILL.
I WANTED TO GET INTO SOME OF THE MESSAGING.
WHAT DID YOU MAKE OF IT, AND WAS IT EFFECTIVE?
WE DON'T NORMALLY SEE THE LEADERS COME TOGETHER AND DO A JOINT PRESS CONFERENCE, SO THAT WAS CERTAINLY A MUSCULAR MOVE FROM THEM, BUT IT'S NOT THAT BIG OF A DEPARTURE FROM THE THINGS THAT THEY'VE BEEN SAYING, REALLY, SINCE TRUMP TOOK OFFICE AND SINCE WE STARTED SEEING THESE CUTS COMING DOWN THE LINE, AS IT WERE.
THEY'VE CONSTANTLY SAID, YOU KNOW, NEW YORKERS SHOULD BE ASKING THE REPUBLICAN CONGRESS MEMBERS ABOUT THE BILL AND ABOUT THE MEDICAID CUTS, IF THEY SUPPORT IT, PUSH BACK, AND I DON'T KNOW THAT MESSAGE IS NECESSARILY GETTING TO THE REPUBLICAN CONGRESS MEMBERS.
THEY VOTED, AGAIN, IN SUPPORT OF ESSENTIALLY THE SAME CUTS SO I DON'T BELIEVE THAT THEIR MESSAGING HAS AT LEAST AT THIS POINT HAD AN IMPACT.
THEY DID RUN A LOT OF NUMBERS TO MAKE IT CLEAR THAT THIS WOULD BE A BIG HIT TO NEW YORKERS IF THE BIG BEAUTIFUL BILL PASSED IN THE WAY THAT IT IS CURRENTLY COSTING FOR $600 BILLION IN MEDICAID CUTS ACROSS THE COUNTRY.
THE LEADERS NARROWED IN ON WHAT THE IMPACT WOULD LOOK LIKE IN NEW YORK.
IT WOULD BE $13.5 BILLION IN CUTS AND AN AMOUNT OF FUNDING THAT THE STATE WOULD HAVE TO MAKE UP FOR IS WHAT CURRENT ESTIMATES FROM ALBANY LOOKS LIKE.
THAT WOULD LEAVE UP TO 1.5 MILLION NEW YORKERS UNINSURED.
SO I THINK IT WAS MOSTLY THAT IT WAS A BLUNT REALITY CHECK THAT THE NEW YORK STATE DEMOCRATS WANTED TO LEAVE WITH RESIDENTS ACROSS THE STATE.
YEAH.
AND AS YOU MENTIONED, SPEAKER HEASTIE SORT OF NARROWED DOWN ON THIS SENTIMENT THAT REPORTERS SHOULD BE ASKING THE REPUBLICAN MEMBERS OF CONGRESS, AND WE SAW ACTUALLY CONGRESSWOMAN ELISE STEFANIK MAKE AN APPEARANCE AT THE STATE CAPITOL THAT SAME MORNING ACTUALLY, AND WE KNOW THAT THE CONGRESSWOMAN IS SORT OF MEALING OVER A GUBINATORIAL RUN.
SHE TOOK AIM AT GOVERNOR KATHY HOCHUL CALLING HER THE WORST GOVERNOR IN AMERICA.
SO WHAT DID YOU MAKE OF THE CONGRESSWOMAN'S APPEARANCE?
I KNOW, ALEX, YOU ACTUALLY RAN THE NUMBERS TO THE CONGRESSWOMAN.
CAN YOU TELL US ABOUT HERB RESPONSE TO YOUR QUESTIONING?
SURE.
SO THE CONGRESSIONAL BUDGET OFFICE ESTIMATES THAT AT THE LOWEST INCOME FAMILIES ACROSS THE COUNTRY, THAT'S EVERY STATE, ARE GOING TO LOSE BETWEEN 2 AND 4% OF THEIR AVAILABLE RESOURCES BECAUSE OF THE BENEFIT CUTS.
MEANWHILE, THE HIGHEST EARNERS ARE GOING TO SEE BETWEEN A 2 AND 4% INCREASE IN THEIR AVAILABLE RESOURCES BECAUSE OF THE TAX CUTS.
SO I POSED THE QUESTION TO THE CONGRESSWOMAN, GIVEN HOW THE ONE BIG BEAUTIFUL BILL WORKS, ESSENTIALLY A VOTE FOR IT IS A VOTE TO CUT TAXES FOR THE RICH AND CUT HEALTH CARE FOR PEOPLE WHO ARE ON MEDICAID, THE LOWEST INCOME PEOPLE, AND HER RESPONSE WAS THAT WAS INCORRECT AND THAT THE CBO IS NOT ACCURATE ON THAT FRONT.
I DON'T SEE ANY OTHER ESTIMATES THAT HOLD ANY WATER TO SUGGEST THAT WHAT THE CBO SAYS IS COMING ISN'T GOING TO HAPPEN SO HER MESSAGING ON THAT WAS TO FLAT OUT REJECT IT AND SAY THAT'S NOT HAPPENING.
HER VISIT AT LARGE I THINK WAS CLEARLY TO KEEP THE GUBERNATORIAL RUN ALIVE, KIND OF CONTINUE THE NEWS CYCLE ON THAT FRONT.
SHE REALLY HAMMERED IN ON KATHY HOCHUL.
HER MESSAGE WAS THAT THE EXTRA MEDICAID MONEY THAT WOULD BE CUT IN NEW YORK IS SPECIFICALLY FOR UNDOCUMENTED IMMIGRANTS, WHICH NEW YORK DOES PROVIDE SOME BENEFITS TO UNDOCUMENTED IMMIGRANTS UNDER STATE LAW, AND SHE WAS ASKED HOW SHE WOULD CUT THAT FUNDING IF SHE WERE TO BECOME GOVERNOR, AND SHE SAID SHE WOULD MOVE THROUGH EXECUTIVE ORDERS AND THROUGH LEGISLATIVE ACTION.
SO SHE'S GOT A GAME PLAN FOR IF SHE DOES GET THE GOVERNOR'S OFFICE.
I THOUGHT WHEN CONGRESSWOMAN STEFANIK CAME TO ALBANY A BIG THROUGH LINE SHE EMPHASIZED WAS ALSO ABOUT IMMIGRATION AND THE MESSAGE THAT UNDER GOVERNOR HOCHUL'S WATCH THAT THERE HAVE BEEN AN UPTICK OF CRIMES.
WE HAVEN'T SEEN DATA THAT ACTUALLY PROVE THIS, BUT SHE TOOK THAT MESSAGE ALSO DIRECTLY TO THE GOVERNOR WHEN GOVERNOR HOCHUL CAME AND APPEARED AT THE CONGRESSIONAL HEARING ON THURSDAY.
I THINK IT WASN'T QUITE THE ZINGER THAT CONGRESSWOMAN STEFANIK WAS HOPING FOR BECAUSE SHE HAD THAT NOTABLE HEARING ON ANTI-SEMITISM ON COLLEGE CAMPUSES TWO YEARS AGO.
THEY WERE MOSTLY TALKING PAST EACH OTHER AND HONING IN ON THE POINTS THAT EACH PARTY HAS.
GOVERNOR HOCHUL MADE IT CLEAR THAT NEW YORK STATE COOPERATES WITH THE FEDERAL GOVERNMENT IN CRIMINAL CASES.
I THINK IT'S JUST GOING TO BE A MATTER OF HOW EACH PARTY CHOOSES TO SPIN AND TALK ABOUT WHAT HAPPENED FROM THAT HEARING GOING FORWARD.
YEAH.
WHAT DID YOU MAKE OF THE GOVERNOR'S PERFORMANCE IN THAT HEARING?
DID YOU THINK IT WAS EFFECTIVE?
I THINK IT'S INTERESTING.
JUST FROM A PRESENTATION ASPECT, SHE IS NOT AS COMBATIVE OR AGGRESSIVE IN TERMS OF DEBATING STYLE THAT WE'VE SEEN IN PAST GOVERNORS, BUT SHE DID HAVE SOME POIGNANT COMMENTS IN THE MIDDLE OF JUST THIS BARRAGE OF QUESTIONS AND DIDN'T GIVE HER MUCH ROOM TO ACTUALLY RESPOND.
AT ONE POINT AS CONGRESSWOMAN STEFANIK WAS ASKING THE GOVERNOR ABOUT DIFFERENT CASES OF INSTANCES OF UNDOCUMENTED MIGRANTS IN NEW YORK COMMITTING CRIMES, GOVERNOR HOCHUL HAD THIS ONE LINE THAT I THOUGHT WAS POIGNANT, RATHER THAN GOING AFTER THE VIRAL MOMENT, I SUGGEST YOU LOOK AT THE FACTS.
BUT AT THE END OF THE DAY, IT REALLY WILL BE UP TO HOW CONGRESSWOMAN STEFANIK AND GOVERNOR HOCHUL TALKS ABOUT IMMIGRANTS IN NEW YORK AND TO NEW YORKERS.
ABSOLUTELY, AND OF COURSE THIS WEEK, THERE WAS ALSO SOME MOVEMENT ON POLICY.
WE SAW MEDICAL AID IN DYING GET PASSED IN THE SENATE JUST A FEW WEEKS AFTER IT PASSED FOR THE FIRST TIME IN THE ASSEMBLY.
SO I WANTED TO GET INTO THE SIGNIFICANCE OF THAT.
IT'S A BILL THAT HAS HAD A LONG SHELF LIFE HERE IN ALBANY.
IT'S BEEN ABOUT A DECADE, I BELIEVE, THAT IT'S BEEN INTRODUCED AND USUALLY DIES BEFORE IT EVEN GETS TO A COMMITTEE VOTE.
SO THE PROGRESS THIS YEAR HAS REALLY BEEN REMARKABLE, AND WHAT'S INTERESTING IS THAT THE BILL, ITSELF, HASN'T CHANGED SIGNIFICANTLY.
IT'S THE LEGISLATORS AND THE LEGISLATURE THAT HAS KIND OF COME AND MET IT WHERE IT WAS.
EVERYBODY THAT I'VE TALKED TO, PEOPLE WHO SAID THAT THEY WERE A NO VOTE AND SWITCHED SAY THAT'S BECAUSE OF THE ADVOCATES.
I THINK ANYBODY WHO HAS BEEN TO THE CAPITOL IN THE LAST COUPLE OF YEARS HAS SEEN THE MEDICAL IN DYING SUPPORTERS.
THEY LINE THE CAPITOL ALL OF THE TIME.
THEY HAVE THEIR SIGNS, AND THEY MAKE A VERY EMOTIONALLY CHARGED CASE THAT THIS BILL WAS ABOUT DIGNITY FOR PEOPLE WHO ARE SUFFERING FROM TERMINAL ILLNESSES, AND THAT REALLY CONVINCED THE LEGISLATURE THIS YEAR.
IT REMAINS TO BE SEEN WHAT THE GOVERNOR WILL DO WITH THAT BILL.
SHE OFTEN GIVES THINGS A VERY THOROUGH REVIEW AND CAN SUGGEST CHANGES THROUGH CHAPTER AMENDMENTS.
SO I'M NOT SURE THAT WE'VE SEEN THE LAST OF THE VOTES ON THIS BILL.
THERE MAY BE PERHAPS ONE MORE NEXT YEAR TO ACCEPT THE GOVERNOR'S CHANGES IF SHE MAKES ANY.
YEAH.
AND THERE WAS ALSO INTRODUCTION OF THE CRIMINAL JUSTICE COMPREHENSIVE PACKAGE AND JEONGYOON, YOU AND I KNOW THAT YOU'VE BEEN DOING SOME AWESOME REPORTING THIS SESSION ON CRIMINAL JUSTICE PRIORITIES.
CAN YOU TELL US ABOUT THE BILL OR THE PACKAGE, AND YOU KNOW, HOW IT SORT OF ALL CAME TOGETHER?
YEAH.
SO LAWMAKERS HAVE BEEN DELIBERATING FOR THE LAST SIX MONTHS, BASICALLY THE ENTIRE SESSION PRECISELY OF WHAT THEY SHOULD DO ABOUT ONGOING INSTANCES OF VIOLENCE IN NEW YORK'S PRISONS.
THIS BECAME A POIGNANT QUESTION PARTICULARLY AFTER THE DEATH OF ROBERT BROOKS AT AN UPSTATE CORRECTIONAL FACILITY.
HE WAS A 43-YEAR-OLD INMATE WHO WAS HANDCUFFED AND DIED THE NEXT DAY IN DECEMBER.
SO LAWMAKERS LAST WEEK CAME TOGETHER AND PUT A PACKAGE OF LEGISLATIVE REFORMS CALLED THE ROBERT BROOKS BLUEPRINT FOR JUSTICE AND REFORM.
IT WAS ABOUT 24 SOME ODD BILLS THAT WAS RELATED TO PRISON OVERSIGHT AND TRANSPARENCY, BUT IT GOT WHITTLED DOWN TO ABOUT TEN PROVISIONS FROM WHAT PACKAGE AND THE SENATE AND ASSEMBLY PASSED THAT PRISON BILL LAST NIGHT.
IT WAS MOSTLY ABOUT INCREASING TRANSPARENCY IN NEW YORK'S PRISONS, BUT WE'VE HEARD CRITICISM FROM ADVOCATES, CRIMINAL JUSTICE ADVOCATES THAT IT DID NOT DO ENOUGH TO IMPLEMENT PAROLE REFORM WHICH IS A BIG THING THAT ADVOCATES HAVE CALLED FOR AND LONG CAMPAIGNED FOR, BUT IN RESPONSE, SOME OF THE TOP LAWMAKERS WHO WERE-- PLAYED A BIG ROLE IN PUTTING THIS BILL TOGETHER SAID THAT THIS IS JUST THE FIRST STEP OF REFORMS THAT THE STATE SHOULD EXPECT AND HOPEFULLY NEXT SESSION, THERE MAY BE MORE PROGRESS IN HOW TO TALK ABOUT AND CONSIDER PAROLE REFORM LEGISLATION.
AND LASTLY, AS LAWMAKERS HEAD BACK TO THEIR DISTRICTS FOR THE SUMMER, I WAS CURIOUS, WHAT ARE SOME OF THE PERTINENT ISSUES THAT MIGHT COME UP FOR THE SUMMER BEFORE LEGISLATORS RETURN FOR THE LEGISLATIVE SESSION AT THE TOP OF NEXT YEAR?
I THINK WE'RE GOING TO SEE MORE PROGRESS DEFINITELY ON THE PRISON REFORM.
THAT WAS A VERY CHARGED ISSUE THIS YEAR, THAT PEOPLE ARE GOING TO KEEP UP ON AND WE'RE ALSO, OF COURSE, GOING TO SEE POTENTIAL PRISON CLOSURES COMING DOWN THE LINE IN THE COMING MONTHS.
THERE WAS A BIG PUSH FOR THEM TO CLOSE MARCY CORRECTIONAL, WHERE MR. BROOKS WAS KILLED.
SO WE'LL SEE IF THAT HAPPENS.
AND I THINK THERE'S BEEN SOME BUZZ THAT PERHAPS THE LEGISLATURE WILL COME BACK ONCE THE FEDERAL GOVERNMENT FINALIZES THE APPROPRIATIONS BILL WITH POTENTIALLY HUGE CUTS TO THINGS LIKE MEDICAID AND MEDICARE AND BENEFITS THAT NEW YORK GIVES OUT THAT IT WOULD HAVE TO ESSENTIALLY BACKFILL OR CUT ITSELF.
SO THERE'S SOME POTENTIAL.
THE DOOR HAS BEEN LEFT OPEN FOR SESSION TO COME BACK SOMETIME IN THE FALL TO ANSWER SOME BUDGETARY QUESTIONS.
WE'LL SEE IF THAT HAPPENS.
AND I THINK A LOT OF PEOPLE HAVE HAD THEIR EYES ON WHAT'S HAPPENING IN LOS ANGELES RIGHT NOW WITH PRESIDENT TRUMP'S SENDING OF NATIONAL GUARD TROOPS OVER THERE TO QUELL PROTESTS AROUND IMMIGRATION AND PRESIDENT TRUMP'S DEPORTATION EFFORTS.
I THINK SOME NEW YORKERS ARE WONDERING IF AND WHEN SOMETHING LIKE THAT WILL HAPPEN IN NEW YORK AND WHAT LAWMAKERS HERE IN THIS STATE PLAN TO DO IN RESPONSE TO THAT.
SO I THINK THAT'S SOMETHING THAT I'M PERSONALLY LOOKING OUT FOR.
YEAH.
SO CERTAINLY A LOT TO LOOK FORWARD TO.
WE'LL HAVE TO KEEP OUR EYES OPEN, BUT UNFORTUNATELY, THAT'S ALL THE TIME WE HAVE FOR RIGHT NOW.
THANK YOU SO MUCH FOR TAKING TIME TO SPEAK WITH US TODAY.
THANKS FOR HAVING US.
THANK YOU.
OF COURSE.
AND WE WERE SPEAKING WITH ALEX GAULT OF THE WATERTOWN DAILY TIMES AND NORTHERN NEW YORK NEWSPAPERS, AS WELL AS JEONGYOON HAN OF WXXI AND THE NEW YORK PUBLIC NEWS NETWORK.
[ THEME MUSIC ] AND FOR MORE ON THE NEWS THAT DROVE THE LAST WEEK OF SESSION, YOU CAN VISIT OUR WEBSITE.
THAT'S AT NYNOW.ORG.
NOW TURNING TO ANOTHER IMPORTANT TOPIC.
THROUGHOUT THE LEGISLATIVE SESSION, STATE LAWMAKERS WERE LOOKING TO IMPLEMENT A BILL KNOWN AS KYRA'S LAW.
IF ENACTED, THE LAW WOULD REQUIRE COURTS TO EVALUATE ABUSE ALLEGATIONS AND SAFETY RISKS IN DECIDING CUSTODY AND VISITATION FOR CHILDREN.
THE BILL HAS HAD GROWING BIPARTISAN SUPPORT IN THE LAST DAYS OF THE LEGISLATIVE SESSION.
ELISE KLINE HAS THAT STORY.
[ THEME MUSIC ] WHEN JACQUELINE FRANCHETTI WALKED INTO NASSAU FAMILY COURT ABOUT TEN YEARS AGO, SHE WAS HOPING TO GAIN PROTECTION FOR HERSELF AND HER SIX-WEEK OLD DAUGHTER KYRA SHE BEGGED THE JUDGE TO LISTEN TO HER FEARS OF ALLOWING HER CHILD VISITATION WITH HER EX-PARTNER.
I THOUGHT AS SOON AS I TELL THE JUDGE THAT HE'S THREATENING US, STALKING US, HARASSING US, THAT I'M A VICTIM OF DOMESTIC VIOLENCE DUE TO HIS EFFORTS, AND THAT I'M TERRIFIED FOR MY LIFE AND FOR KYRA'S SAFETY, I THOUGHT AS SOON AS THE JUDGE HEARS ANY OF THIS, SHE'S GONNA WORK TO PROTECT KYRA.
THAT COULDN'T BE FARTHER FROM THE TRUTH.
FRANCHETTI SAID THE JUDGE RESPONDED BY YELLING AT HER TELLING HER TO GROW UP.
AT A COURT HEARING IN JUNE OF TO 16, SHE RECALLED THE JUDGE TELLING HER THAT IT WAS NOT A LIFE OR DEATH SITUATION.
ABOUT A MONTH AFTER THAT HEARING, KYRA'S FATHER SHOT KYRA, THEN TWO YEARS OLD, IN THE BACK TWICE WHILE SHE WAS SLEEPING AND SET HIS HOUSE ON FIRE AND DIED BY SUICIDE.
YOU KNOW, EVERY DAY THE SCHOOL BUS GOES BY MY HOUSE AND SHE'S NOT ON IT.
I SEE HER FRIENDS.
THEY'VE GROWN UP.
SHE SHOULD BE 11 YEARS OLD RIGHT NOW.
I DON'T KNOW WHAT HER FAVORITE COLOR IS.
I DON'T KNOW WHAT SHE WANTS TO BE WHEN SHE GROWS UP.
I DON'T KNOW WHO HER FRIENDS WOULD BE.
YOU KNOW, MY HEART HAS BEEN BROKEN INTO MILLIONS AND MILLIONS OF PIECES AND OUR COURTS COULD CARE LESS.
FRANCHETTI ADDS SHE OFTEN THINKS ABOUT HOW HER FIERCELY INDEPENDENT TODDLER HAD JUST LEARNED TO ROLL DOWN A HILL FOR THE FIRST TIME, DAYS BEFORE SHE WAS KILLED.
SHE TOOK A COUPLE OF TUMBLES DOWN AND SHE GOT UP AND SHE SAID, I DID IT, MAMA, I DID IT!
AND SHE WAS SO PROUD OF HER LATEST ACCOMPLISHMENT.
SOME NEW YORK STATE LAWMAKERS WANT TO PASS A BILL NICKNAMED AFTER KYRA TO ADDRESS CHALLENGES IN THE COURTED SYSTEM WHEN IT COMES TO DOMESTIC VIOLENCE AND CHILDREN'S SAFETY.
THE LEGISLATION WOULD REQUIRE THE FAMILY AND SUPREME COURTS TO CONDUCT AN EVIDENTIARY HEARING ON THE RISK OF A CHILD'S SAFETY IN A CUSTODY CASE.
THIS PROVISION WOULD DETERMINE TEMPORARY LIMITATIONS ON CUSTODY AND VISITATION RIGHTS.
DOMESTIC VIOLENCE ADVOCATE JOAN GERHARDT WITH THE NEW YORK STATE COALITION AGAINST DOMESTIC VIOLENCE SAYS THIS IS CRITICAL FOR FAMILIES WHO SPEND YEARS TIED UP IN COURT WORRYING ABOUT THEIR SAFETY FROM THEIR ABUSER.
GERHARDT SAYS THE EVIDENTIARY HEARING PROVISION IN THIS LEGISLATION WOULD PUSH THE ABUSE ALLEGATIONS TO THE BEGINNING OF THE LEGAL PROCESS IN COURT AND BUY CRITICAL TIME FOR FAMILIES.
TEMPORARY WHEN YOU TALK ABOUT THE COURT SYSTEM COULD BE SEVERAL YEARS, AND THAT'S A LOT OF TIME FOR AN ABUSER TO HAVE ACCESS TO A CHILD AND I WANT TO BE REALLY CLEAR THAT IN THE CASES WHERE WE SEE CHILDREN REALLY BEING HARMED OR EVEN MURDERED, THIS IS BECAUSE ABUSERS USE THE CHILDREN AS A TACTIC TO HARM THEIR VICTIM, THE OTHER PARENT.
THE LEGISLATION WOULD ALSO REQUIRE THE COURTS, WHEN MAKING A FINAL DETERMINATION OF CUSTODY TO PRIORITIZE AND PROMOTE THE SAFETY OF THE CHILD.
THE BILL REQUIRES, IN MAKING THIS DECISION, THE CONSIDERATION OF FACTORS INCLUDING THE PARTY'S HISTORY OF DOMESTIC VIOLENCE, CHILD ABUSE, INCIDENTS INVOLVING HARM TO THE CHILD OR RISK TO THE CHILD'S SAFETY, POLICE REPORTS, THREATS AND MORE.
GERHARDT SAYS ONE OF THE BIGGEST ISSUES FACING DOMESTIC VIOLENCE CASES IN COURT IS LACKING PRIORITIZATION.
BECAUSE THERE'S SO MUCH BACKLOG IN THE ACTUAL COURT DOCKETS, THEY DON'T ACTUALLY HEAR ALLEGATIONS OF DOMESTIC VIOLENCE OR CHILD ABUSE FOR SEVERAL MONTHS, IF NOT EVEN YEARS, AFTER A FILING HAS BEEN MADE TO THE COURT.
SO WHAT HAPPENS IS DOMESTIC VIOLENCE SURVIVORS ARE TYPICALLY TOLD WE WANT TO HEAR WHAT YOU HAVE TO SAY.
WE'RE JUST NOT READY YET.
STATE SENATOR JAMES SKOUFIS, A DEMOCRAT REPRESENTING ORANGE COUNTY AND A LEAD SPONSOR OF THE BILL, SAYS THIS LEGISLATION WAS CRAFTED IN RESPONSE TO THE COUNTLESS TRAGEDIES IN FAMILY COURT, INCLUDING KYRA'S DEATH.
HE SAYS THE BILL AIMS TO IMPROVE THE PRIORITIZATION OF CHILDREN IN COURTROOMS HANDLING CUSTODY, DOMESTIC VIOLENCE CASES.
AND SO WHAT THIS BILL IN ITS MOST SIMPLEST TERMS LOOKS TO DO IS IT LOOKS TO NOT JUST MAKE THE WELLNESS AND SAFETY OF A CHILD A TOP PRIORITY DURING THESE FAMILY COURT PROCEEDINGS, WE'RE LOOKING TO MAKE THE SAFETY OF A CHILD THE TOP PRIORITY DURING THESE PROCEEDINGS.
THE LEGISLATION IS ON ITS THIRD TRY IN ALBANY AFTER FAILING TO MAKE IT OUT OF COMMITTEE'S LAST YEAR.
SKOUFIS SAYS THEY HAVE GONE THROUGH A NUMBER OF AMENDMENTS AND ARE STILL WORKING ON MORE.
WE'RE TRYING TO FIGURE OUT ONE LAST SET OF AMENDMENTS THAT, YOU KNOW, GIVES THIS BILL, YOU KNOW, SOME PROPPELANT.
SKOUFIS ADDS THAT CHANGE TO EXISTING SYSTEMS CAN BE VERY CHALLENGING ESPECIALLY WHEN IT COMES TO THE COURTS.
SO CHANGE IS NO DOUBT DIFFICULT FOR SOME OF THESE JUDGES TO INTERNALIZE AND YOU KNOW, THEY'RE GOING TO HAVE SOME PROBLEMS WITH ELEMENTS OF THIS BILL BECAUSE CHANGE IS DIFFICULT.
WE'VE GOT TO SURMOUNT THAT.
THAT'S NOT A REASON TO NOT DO THIS BILL.
WMHT REACHED OUT MULTIPLE TIMES TO THE NEW YORK OFFICE OF COURT ADMINISTRATION BUT THEY DID NOT RESPOND FOR COMMENT.
SKOUFIS SAYS THE BILL IS STILL ALIVE AND THAT LAWMAKERS ARE WORKING HARD TO GET IT ACROSS THE FINISH LINE.
THE BILL HAS ALSO BIPARTISAN SUPPORT.
STATE SENATOR ANTHONY PALUMBO, A REPUBLICAN REPRESENTING PARTS OF SUFFER FOLK COUNTY AND A RANKING MEMBER OF THE JUDICIARY COMMITTEE, SAYS JUDGES NEED BETTER TRAINING WHEN IT COMES TO HANDLING DOMESTIC VIOLENCE CASES AND KYRA'S LAW COULD HELP ADDRESS THIS.
I THINK THAT'S A GREAT STEP IN THE RIGHT DIRECTION AND LIKE MANY OTHER THINGS, WE CAN MAKE THESE CHANGES AND THEN SEE HOW THEY'RE WORKING AND INCREMENTALLY ADJUST AS WE SEE FIT.
KYRA'S LAW WOULD EXPAND JUDICIARY TRAINING IN DOMESTIC VIOLENCE, CHILD ABUSE, AND CHILD NEGLECT AND REQUIRE SUPPLEMENTAL TRAINING EVERY TWO YEARS.
STATE SENATOR LEA WEBB, A DEMOCRAT REPRESENTING TOMPKINS AND COURTLAND COUNTIES AND THE CHAIR OF THE WOMEN'S ISSUES COMMITTEE, SAYS KYRA'S LAW IS ALSO IMPORTANT TO FACILITATE LARGER CONVERSATIONS ABOUT THE ISSUE OF DOMESTIC VIOLENCE.
SHE SAYS SHE SIGNED ON TO SUPPORT THE BILL BECAUSE POLICIES TARGETING ISSUES OF DOMESTIC VIOLENCE ARE IMPORTANT.
POLICY THAT IS ROOTED IN EMPOWERING SURVIVORS BUT ALSO BEING PROACTIVE AND ADDRESSING THESE ISSUES IS A PRIORITY OF MINE.
SOME LEGAL EXPERTS SAY THEY SUPPORT THE MESSAGE THE BILL SENDS BUT THEY ARGUE THE ISSUE COULD BE BETTER TARGETED BY ESTABLISHING A BEST INTEREST LEGAL STATUTE.
LAW PROFESSOR DALE CECKA SAYS NEW YORK IS THE ONLY STATE IN THE NATION THAT DOESN'T HAVE A BEST INTEREST STATUTE.
THERE'S A LIST OF FACTORS THAT USUALLY JUDGES WILL RUN THROUGH AND SAY, WELL, ON THIS FACTOR, I SEE THIS.
IT JUST GIVES MORE OF A KIND OF ROADMAP FOR ASSESSING BEST INTEREST.
NEW YORK DOESN'T HAVE THAT AT ALL, SO IT'S BASICALLY LIKE JUST THE JUDGE'S FEELING.
SOME LAWMAKERS SEEM TO BE SUPPORTIVE OF THE IDEA OF ESTABLISHING THIS STANDARD THROUGH POSSIBLE LEGISLATION.
YEAH.
THIS BILL IS NOT GOING TO BE THE BE ALL END ALL TO THE FAMILY COURT CONVERSATION.
ITS COULD NOT ADDRESS ALL OF THE ISSUES, ALL OF THE PROBLEMS, AND YOU KNOW, THERE'S A MYRIAD OF THEM.
IN FACT, OF ANY OF THE COURTS IN NEW YORK STATE, FAMILY COURT IS THE ONE THAT I'VE HEARD THE MOST FROM, ADVOCATES AND CONSTITUENTS IN TERMS OF IT'S JUST FAILING WITH REGULARITY ON THEIR BEHALF AND THEIR CHILDREN'S BEHALF.
SO, YOU KNOW THIS IS A PART OF THE CONVERSATION KYRA'S LAW THAT WE'RE TALKING ABOUT.
THERE ARE CERTAINLY MANY OTHER COMPONENTS THAT WE HAVE TO ADDRESS.
OTHER LEGAL EXPERTS SAY KYRA'S LAW COULD BE A POSITIVE STEP TOWARD IMPROVING THE SYSTEM.
JENNIFER FRIEDMAN, WITH SANCTUARY FOR FAMILIES, AGREES THE STATE NEEDS TO LEGALLY PROVIDE MORE GUIDELINES AROUND BEST INTEREST.
SHE ALSO SAYS KYRA'S LAW TOUCHES ON SOME SPECIFIC FACTORS.
AND WHAT I THINK IS REALLY NECESSARY IS TO LAY OUT, FOR EXAMPLE, LETHALITY FACTORS.
LETHALITY FACTORS ARE EVIDENCE-BASED, RESEARCH-BASED FACTORS THAT HAVE BEEN SHOWN TO INCREASE THE LIKELIHOOD OF HOMICIDE IN A DOMESTIC VIOLENCE SITUATION.
LETHALITY FACTORS CAN RANGE FROM THREATS OF SUICIDE TO STALKING AND STRANGULATION.
FRIEDMAN SAYS THIS IS BASIC WHEN IT COMES TO DOMESTIC VIOLENCE CASES COURTS SHOULD BE WEIGHING THESE FACTORS.
THERE'S NO REQUIREMENT RIGHT NOW THAT THE COURTS CONSIDER IN NEW YORK STATE LETHALITY FACTORS IN ISSUING VISITATION AND CUSTODY ORDERS.
THAT IS VERY BASIC.
THE LAW NEEDS TO BE UPDATED TO KEEP TRACK WITH BEST PRACTICES AND SCIENTIFIC BEST-- BEST SCIENTIFIC PROCESSES THAT HAVE BEEN DETERMINED.
KYRA'S LAW IS ONE POLICY AND AN EXAMPLE OF ONE AREA WITHIN DOMESTIC VIOLENCE LAWMAKERS ARE TRYING TO ADDRESS.
STATE SENATE MAJORITY LEADER ANDREA STEWART-COUSINS, A DEMOCRAT REPRESENTING PARTS OF WESTCHESTER, SAYS THERE ARE ONGOING CONVERSATIONS ABOUT HOW THE STATE CAN BETTER ADDRESS HANDLING DOMESTIC VIOLENCE.
WE ARE TRYING TO MAKE SURE THAT THE INFORMATION IS AVAILABLE, THAT PEOPLE RECOGNIZE NO MATTER WHERE THEY ARE, THE SIGNS OF DOMESTIC VIOLENCE AND ASSURED OF STOPPING IT COMPLETELY BEING ABLE TO MAKE SURE THAT BARRIERS ARE REMOVED ASSEMBLY MEMBER ED RA, A REPUBLICAN REPRESENTING NASSAU COUNTY, SAYS KYRA'S LAW COULD BE A POSITIVE STEP IN ADDRESSING CHALLENGES AROUND DOMESTIC VIOLENCE.
HE ALSO SAYS THE BILL NEEDS A BIT MORE WORK.
IT'S TOUGH WITH THE COURT SYSTEM, IT'S ALWAYS DIFFICULT.
I THINK THERE'S A NUMBER OF MY COLLEAGUES WHO DO PRACTICE AND WORK IN THOSE AREAS THAT HAVE UNIQUE PERSPECTIVES WHO HAVE BROUGHT UP SOME ISSUES AND THINGS THAT MAYBE NEED TO BE ADDRESSED, BUT I THINK, YOU KNOW, HOLISTICALLY THINKING ABOUT DOMESTIC VIOLENCE, THINKING ABOUT PROTECTING VICTIMS OF DOMESTIC VIOLENCE, I THINK IT'S AN IMPORTANT BILL.
RA ADDS THAT THERE ARE STILL VARYING OBSTACLES THE STATE COULD HELP WITH WHEN IT COMES TO ISSUES OF DOMESTIC VIOLENCE.
I THINK WE HAVE MORE WORK TO DO IN TERMS OF MAKING SURE, WHETHER IT'S WHO THEY CAN CALL, WHERE THEY CAN SEEK SHELTER, SOMETIMES IT'S EVEN SITUATIONS WHERE THEY NEED TO KNOW THEY CAN GO SOMEWHERE THAT THEY CAN BRING A PET WITH THEM AND THAT TYPE OF STUFF, BECAUSE THESE THINGS DO BECOME REAL OBSTACLES TO PEOPLE LEAVING THESE SITUATIONS.
SENATOR WEBB SAYS THERE IS MORE THE STATE CAN DO TO PREVENT TRAGEDIES FROM OCCURRING.
SENATOR WEBB INTRODUCED A BILL THAT WOULD REQUIRE LAW ENFORCEMENT OFFICERS TO CONDUCT A LETHALITY ASSESSMENT AS PART OF A STANDARDIZED DOMESTIC INCIDENT REPORT.
AND WHAT HAS BEEN FOUND WITH THIS TOOL IN OTHER STATES THAT CURRENTLY UTILIZE IT THAT IT IS HAS RESULTED IN 40% OF PEOPLE'S LIVES BEING SAVED BECAUSE THAT ASSESSMENT WAS DONE.
FRIEDMAN SAYS THIS LEGISLATION, IF PASSED, WOULD BE AN ADVANCEMENT AND EXAMPLE OF POLICIES FOLLOWING EVIDENCE ON THIS ISSUE.
I AM A REAL BELIEVER IN THE LETHALITY ASSESSMENT PROTOCOL.
IT'S CALLED LAP, L-A-P, LETHALITY ASSESSMENT PROTOCOL.
I'M A BIG BELIEVER.
I DO THINK LAW ENFORCEMENT SHOULD BE ARMED WITH THIS EVIDENCE-BASED INFORMATION AND KNOWLEDGE WHEN THEY'RE RESPONDING TO 911 CALLS AND OTHER CALLS OF DOMESTIC INCIDENTS.
WHILE THE BILL DIDN'T MAKE IT OUT OF COMMITTEE LAST YEAR DUE TO THE LIMITED TIME AT THE END OF THE SESSION, SENATOR WEBB SAYS SHE'S HOPEFUL THE BILL CAN MAKE IT FURTHER THIS YEAR.
AS A LAST SCHEDULED SESSION DAY IT'S UNCLEAR IF KYRA'S LAW WILL MAKE IT ACROSS THE FINISH LINE.
THE BILL IS STILL IN COMMITTEES AFTER BEING AMENDED.
POLICY MEASURES THAT DO NOT PASS BOTH CHAMBERS WILL HAVE TO WAIT UNTIL NEXT LEGISLATIVE SESSION.
ELISE KLINE, "NEW YORK NOW."
[ THEME MUSIC ] AND AS OF EARLY FRIDAY MORNING, THE BILL DID GET VOTED ON IN THE SENATE.
BUT AS ELISE MENTIONED, IT NEEDS TO MAKE IT THROUGH BOTH CHAMBERS BEFORE IT CAN MAKE IT TO THE GOVERNOR'S DESK.
THE ASSEMBLY IS STILL VOTING ON BILLS AND IT'S UNCLEAR WHETHER OR NOT THE BILL WOULD COME TO THE FLOOR.
FOR MORE ON KYRA'S LAW, YOU CAN VISIT OUR WEBSITE.
AGAIN, THAT'S AT NYNOW.ORG.
WELL, THAT DOES IT FOR THIS EDITION OF "NEW YORK NOW."
THANK YOU FOR TUNING IN AND SEE YOU NEXT WEEK.
[ THEME MUSIC ] ANNOUNCER: FUNDING FOR "NEW YORK NOW" IS PROVIDED BY WNET.
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