Violence Against Women Policy Trends Report 1
October 6, 2000
David M. Heger
National Violence Against Women Prevention Research Center
University of Missouri - St. Louis
Political Analyst
Federal
With Domestic Violence Awareness Month approaching,
Congress gave activists cause for celebration and then frustration,
as members passed the Violence Against Women Act (VAWA) Reauthorization
(H.R. 1248) in the House and in the same week allowed the legislation
to expire. The original VAWA only provides program funding through
fiscal year 2000 (FY 00), which ended on September 30, 2000.
Congressional experts indicate that money for some of the acts
programs may be included in the FY 01 budget if a new act
is not passed before Congress adjourns for the year. However,
the VAWA Reauthorization contains more money for existing programs
than would be included in the budget and establishes new initiatives
to combat violence against women.
Deliberations on 11 of the 13 yearly appropriations
measures needed to run the federal government continues after
the budget deadline of September 30 has passed. Congress has approved
two measures called "continuing resolutions" to
temporarily finance the government at FY 00 levels through
October 14. At least one additional continuing resolution is probably
in the cards, given most Capitol Hill analysts predict that the
budget gridlock will protract through October 20.
Supporters of H.R. 1248 and its companion legislation
in the Senate (S. 2787) are concerned that the VAWA Reauthorization
may become entangled in partisan budget maneuvers as the session
nears an end. Recently, Sen. Patrick Leahy (D-VT) expressed this
very concern on the Senate floor: "Unfortunately, there have been
efforts by the majority party to attach this uncontroversial legislation
to the poison pill represented by the version of bankruptcy
legislation currently being advanced by Republicans and to other
matters."
In recent days, several other member of Congress
have voiced their support for H.R. 1248 and S. 2787 during floor
debate, including Sen. Mary Landrieu (D-LA), Rep. Carolyn Moloney
(D-NY), Rep. Judy Biggert (R-IL), Rep. Bill Pascell (D-NJ), and
Rep. Julia Carson (D-IN). These champions of domestic violence
and sexual assault legislation have noted that the VAWA Reauthorization
enjoys strong bipartisan support, as evidenced by its almost unanimous
passage in the House (415-3) and the over 70 senators who have
signed on as cosponsors of the legislation.
State
State legislative activity remains low in early
fall, as a great majority of states have adjourned for the year.
Only lawmakers in Michigan, New Hampshire, New Jersey, and Pennsylvania
remain engaged in executive session activity. Interim policy work
has given way, in most cases, to the furious pace of campaigning
for the November elections.
Despite the current lull in legislative movement,
state-level efforts to deter violence against women continue.
In early October, Vermont Governor Howard Dean signed an executive
order to allow the states employees who have been victimized
by domestic abuse time off from work for counseling, medical assistance,
and to seek alternative housing. Governor Dean also provided state
workers with a 24-hour domestic abuse hotline. Subsequently, Vermont
Attorney General William Sorrell announced his plan to "work with
Vermont businesses to plan employer-sponsored seminars and meetings
to educate workers about domestic violence.
Megans Law continues to be a hot-button
issue across the states. In mid-September, the Mississippi Department
of Public Safety launched the states on-line sex offender
registry, prompting such a popular demand for the information
that the Web site could not handle the number of hits it received.
The sites wide popularity adds more to fuel to the already
contentious privacy debate surrounding Megans Law. Recently,
the U.S. Court of Appeals ruled that the law does not infringe
upon the constitutional rights of convicted sex offenders; however,
the Star-Ledger in New Jersey reports that legal scholars
believe the ruling raises doubts about the legality of posting
warnings about sex offenders on-line.
In other news, a New Jersey Senate Judiciary
Committee study recently showed widespread failure on the part
of the Department of Corrections to provide sufficient notification
to county prosecutors before releasing convicted sex offenders.
As of the first week of October, Iowa requires "high-risk" sex
offenders to wear ankle bands so that authorities can keep track
of their whereabouts when they are on probation, parole, work
release, or possibly prior to trial. USA Today reports
that Alabama has allocated $1 million to place domestic violence
assessors in welfare offices across the state.
Judicial
The Supreme Court began a new term on October
2, and The Washington Post says it "figures to be a pale
imitation of the blockbuster term that concluded in June." Last
years term included a decision on U.S. v. Morrison,
in which the Supreme Court struck down provisions of the VAWA
that allowed victims of sex-based violence to sue their attackers
in federal court. And in Saenz v. Roe, the Court ruled
that states may not pay lower welfare benefits to newcomers than
to long-term residents. This decision from last year was a victory
for indigent victims of domestic violence who want or need to
move across state lines to escape their abuser.
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