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 act’s 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 state’s 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.

Megan’s Law continues to be a hot-button issue across the states. In mid-September, the Mississippi Department of Public Safety launched the state’s 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 site’s wide popularity adds more to fuel to the already contentious privacy debate surrounding Megan’s 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 year’s 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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