Violence Against Women Policy Trends Report 15

May 8, 2001

David M. Heger
National Violence Against Women Prevention Research Center
University of Missouri - St. Louis
Political Analyst

Federal

President Bush and Congressional negotiators recently agreed to a budget outline calling for almost $2 trillion in fiscal year 2002 (FY 2002) spending and $1.35 trillion in tax cuts over the next 11 years. The full House of Representatives and Senate must now approve the agreement, which is non-binding and only sets the parameters for the upcoming appropriations process. In early April, the Senate rejected the 10-year, $1.62 trillion tax cut package favored by the President and the House (see Trends Report 13), necessitating the development of compromise legislation that could potentially survive both chambers of Congress and the President's veto pen.

The deal brokered between the White House and Capital Hill liaisons includes $667 billion in discretionary spending, or money for programs whose budgets are set by Congress each year. Of that amount, $325 billion would be spent on the military and $342 billion would go to domestic programs. (In FY 2002, more than $1.3 trillion goes to entitlement programs, such as Social Security and Medicare, and payments on the national debt.) By comparison, only $468 million was appropriated last year for Violence Against Women Act of 2000 programs. Full funding of the act is $677 million annually.

Late last month, Senator Patrick Leahy (D-Vermont) introduced the Crime Victims Assistance Act of 2001 (S. 783). The measure grants new rights to victims in the federal judicial system, provides funding for victim assistance initiatives, and makes amendment s to the Victims of Crime Act (VOCA). The bill, which currently has 8 Senate co-sponsors, resides in the Senate Judiciary Committee. Senator Leahy has introduced similar measures in previous sessions, but all have failed to garner substantial consideration.

President Bush has selected John Gillis, former Chair of the California Board of Prison Terms and President of the Association of Paroling Authorities, International, to be the next director of the Office for Victims of Crime within the Department of Justice. Victims' advocates report being pleased with the appointment of Mr. Gillis, whom many see as a strong leader with vast experience in victims' rights policy.

State

The legislative landscape has changed considerably since the beginning of the year; roughly half of the states are still engaged in 2001 regular session activity. As several states prepare for summer recesses, "must-do" fiscal items dominate the agenda, leaving little room for consideration of violence against women legislation. Important domestic violence and sexual assault measures have made great progress in the states this year, but as the clock winds down, many will be put aside until next year's session.

Connecticut and Maine are among the states looking into gun control as a way to curb domestic violence. Both states are moving bills designed to take weapons away from people subjected to a protection order. The Connecticut measure scored a recent victory by beating a crucial procedural deadline that would have eliminated the bill from further consideration this year. In late April, the Maine gun-control bill received an "ought to pass" recommendation from a legislative panel; however, analysts warn it may become mired in typical gun politics despite its narrow scope.

Maine legislators continue to debate a proposal to increase funding for domestic violence prevention programs. The Legislature's Appropriations Committee has approved $4.8 million for such programs, but advocates are waiting on the word from the full Legislature and Governor Angus King (I), who remains uncommitted on the issue. The Vermont House has passed a plan to allow victims of stalking and domestic violence to list a state government address on public documents rather than their street address. This privacy and protection measure is expected to receive approval from the Senate in coming days. A bill designed to help law enforcement link pet abuse to the escalation of family violence recently passed the Minnesota Senate with overwhelming support.

Several sexual assault-related measures have won important victories in recent days. Michigan Governor John Engler (R) signed into law a measure that removes the statute of limitations on first-degree sexual conduct. Illinois lawmakers gave final approval to a bill that requires hospitals to tell rape victims about emergency contraception. Analysts indicate that the legislation, which now goes to Governor George Ryan (R) for consideration, is the first of its kind in the country. The Washington Senate passed a measure to increase prison sentences for "high-risk" sex offenders.

Judicial

States continue efforts to simplify their systems for handling family court matters. Based on recommendations from a committee of child advocates, lawyers, and judges, the Florida Supreme Court has decided to create a statewide Family Court that will handle all matters relating to divorces, domestic violence, and paternity. Analysts relay several horror stories resulting from the current system, including a divorced Miami couple who had 15 open cases at one time in four different courts. In January, New York Chief Judge Judith Kaye proposed a new unified court similar to the Florida Family Court. (See Trends Report 7.) Alabama and Arizona have coordinated their family court systems using the Internet.