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DVSJA

Domestic Violence Survivors Justice Act

In 2019, New York passed the Domestic Violence Survivors Justice Act (L 2019, ch 31 and L 2019, ch 55, Part WW [pp. 59-60]), which  amends provisions of the sentencing law (Penal Law 60.12 and 70.45) and adds a new CPL 440.47, which authorizes for motions for resentencing. The legislation expands the situations in which judges can consider domestic violence survivors’ abuse when determining appropriate sentences for those who commit offenses. For new sentences, the law took effect on May 14, 2019. The provisions dealing with resentencing become effective 90 days from the day the bill became law, i.e. Aug. 12, 2019.

Defender Resources

DVSJA Sentencing charts: Class A Felony Sentencing; Current Non-Violent (First and Second Felony, Non Drug); and Current Violent (First and Second Felony) [Alan Rosenthal, Esq.] 

National Clearinghouse for the Defense of Battered Women

Decisions

People v Chapman, No. DA 250-15 (County Ct, Albany Co 10/2/2020) 

People v Smith, 2020 NY Slip Op 20240 (County Ct, Erie Co 9/2/2020)

People v Addimando, 67 Misc 3d 408 (County Ct, Dutchess Co 2/5/2020) 

NYSDA Training

October 23, 2020: Understanding the Dynamics of Domestic Violence and the DVSJA: Successfully Representing Survivors

July 27, 2020: Introduction to Trauma-Informed Advocacy

Projects

Brooklyn Law School

University at Buffalo School of Law

Websites

Center for Appellate Litigation, Domestic Violence Survivors Justice Act

NYS Office of Indigent Legal Services, Domestic Violence Survivors Justice Act

Articles & Reports

DVSJA Sentencing: A New Challenge for Judges, New York Law Journal (4/15/2020)

Domestic Violence Survivors Justice Act: Potential Mitigation, Not

Guaranteed Fix, NYU Journal of Legislation & Public Policy (2/3/2020)

Connection with the Outside World: Prison Monitoring Findings and Recommendations, Correctional Association of New York (July-September 2019)

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