Second Amendment Legal Update: April, 2022

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete PDF copy of this month's update, click here.

Kyra’s Law: reforms proposed to address domestic violence, protect children

A proposed law to reform New York State’s divorce and Family Courts to protect children and families at risk of domestic violence, is moving closer to passage.

"Kyra’s Law," currently in committee, would amend Domestic Relations Law 240, adding a number of requirements and presumptions in any custody and visitation proceeding involving allegations of child abuse or domestic violence by a parent, regardless of whether the allegations involve the subject child.

The provisions include:

• A requirement that the court must first consider allegations of child abuse or domestic violence before considering any other best interest factors and hold a hearing on the allegations within 60 days of the filing of a petition.
• If the court finds a pattern of domestic violence or child abuse, then the court must award sole custody to the “non-offending parent” and must suspend visitation, or only award professionally supervised visitation, without court discretion.
• In any custody and visitation proceeding where such pattern is found, concerns regarding parental alienation are not admissible and may not be considered in a best interests determination.

The proposed law would also mandate domestic and child abuse training for state judges and other court officials.

For the complete text of the proposed law, click here.

2022 National Domestic Violence Prosecution Conference Announced

The Association of Prosecuting Attorneys and the Domestic Violence (DV) Prosecution Committee will host the Fourth National Domestic Violence Prosecution Conference on May 23-25, 2022 in Villanova, Pennsylvania:

The conference is meant to bring together practitioners to provide a forum for deeper learning of enhanced strategies for the

investigation and prosecution of DV-related crimes. Consisting of various presentations, group discussions, and resource-sharing opportunities, the convening will provide attendees with a chance to strengthen their understanding of the intricacies and data-driven approach to DV investigation and prosecution over the course of two and a half days. Topics will include the connection between DV and violent crime, how to handle victim recantation, and special considerations for virtual hearings.

This conference is intended for prosecutors and victim advocates involved in the prosecution of DV-related crimes.

Learn more and register here.

New York State Judicial Conduct Commission Releases Annual Report of Activity

In the 2022 Annual Report of its activities for 2021, released March 3, the New York State Commission on Judicial Conduct reported the following:

• 1,938 new complaints were received and processed.
• 375 preliminary inquiries were conducted.
• 302 full-fledged investigations were undertaken: 125 new ones and 177 carried forward from 2020.
• 13 judges resigned and publicly agreed never to return to judicial office.
• 10 other judges resigned while complaints were pending, where it had not been determined permanent departure from office was warranted or appropriate.
• 4 judges were publicly censured or admonished.
• 20 judges were issued confidential cautionary letters.
• 191 matters were pending at year’s end.

The New York State Commission on Judicial Conduct is the independent state agency that reviews complaints of ethical misconduct against the 3,500 judges and justices of the State Unified Court System and, where appropriate, renders public disciplinary Determinations.

The 2022 annual report is available here.

Second Amendment Legal Update: March, 2022

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State.

For a complete PDF copy of this month's update, click here.

Senate proposal would change OTB representation

Copyright © 2022 FINGER LAKES MEDIA. All rights reserved

The state has proposed legislation that will change how Off-Track Betting (OTB) is overseen and operated. Under the proposed bill introduced by state Sen. Tim Kennedy, instead of each member county having its own representative, membership would be distributed by population.

"And Schuyler County would be forced to share a single representative with Cayuga, Chautauqua, Genesee, Livingston and Seneca Counties," said County Attorney Steven Getman. "Larger, western counties, such as Monroe and Erie, would gain representation on the board."

****

Western Regional Off-Track Betting is a public benefit corporation that is owned by 15 counties and the cities of Buffalo and Rochester. Currently, there are county and city representatives that comprise the board of directors. The proposed bill would drastically change that structure with one member representing Chautauqua, Cayuga, Genesee, Livingston, Schuyler and Seneca counties, one member representing Oswego, Cattaraugus and Wayne counties, three representing Monroe, Wyoming and Orleans counties and four would represent Erie County. Additionally, one representative would represent Niagara County, another one would be appointed by the governor, one would be appointed by the Senate majority leader, and finally one would be appointed by the Assembly speaker.

While the new legislation is noted to help address prior problems, officials question if shifting the power to fewer areas of the state will actually accomplish those goals.

"Schuyler County, through its representation on the OTB board of directors, has been very vocal in trying to unravel these alleged deficiencies in the current OTB operations and this legislation would, paradoxically, weaken its voice in OTB governance," said Getman. "Had this legislation been in effect during the past several years, Schuyler County's ability to challenge these alleged deficiencies would likely have been seriously curtailed."

Remote Meetings Authorization Extended by NY Governor

On February 14, Governor Kathy Hochul issued Executive Order 11.3, which extends the State disaster emergency (and, therefore, the remote meeting authorization for public bodies) through March 16, 2022.

For more information on conducting public meetings during this period, click here.

Valentine's Day 2022: Avoid these "romance scams."

Romance scams in 2021: Fraudsters to the left of you, fakers to the right

Love happens year-round, not only on Valentine’s Day. Unfortunately, romance scams are the same. So, along with sharing (or not) some chocolate, make Valentine’s Day a time to share with people you care about some ways to spot and avoid romance scams. Because, according to a new FTC report, people sent $547 million to online romance scammers last year.

How can you avoid a romance scam?

If someone appears on your social media and rushes you to start a friendship or romance, slow down.
Don’t send a reload, prepaid, or gift card; don’t wire money; and don’t send cryptocurrency to someone you met online.
If you suspect a romance scam, cut off contact. Tell the online app or social media platform right away, and then tell the FTC at ReportFraud.ftc.gov.

Second Amendment Legal Update: February 2022

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete PDF copy of this month's update, click here.

Raise the age: lawmakers raise concerns

© Copyright 2022 Press-Republican:

Sounding off at a state budget hearing, several lawmakers said the New York law that raised the age of criminal responsibility to 18 has been implemented with inadequate access to secure housing for offenders and may be a factor in the spread of gang violence.

The Raise the Age law was intended to keep young lawbreakers out of adult courts and prisons and provide them with programming so they won’t end up being mired in lives of crime.

Sen. Tom O’Mara, R-Big Flats, the ranking member of the Senate Finance Committee, said there are indications from law enforcement officials that criminals have been enlisting 16- and 17-year-old juveniles in their schemes because the youths face minimal legal consequences.