Violence Against Women Policy Trends Report 17

June 5, 2001

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

Federal

Congress sacrificed a portion of its week-long Memorial Day vacation to pass a $1.35 trillion tax cut package and hand President Bush a major victory on his top legislative priority. Members of the House and Senate recently met in a rare Saturday-morning session to give final approval to a compromise plan that includes a reduction in income tax rates, an increase in the child credit, a phaseout of the marriage penalty, a repeal of the estate tax, expanded education and retirement tax breaks, and an immediate tax rebate. Republicans cheered the move, while several Democrats vowed to revisit the legislation and attempt a repeal of certain provisions.

Democrats will take control of the Senate tomorrow when Vermont Senator James Jeffords officially switches his party affiliation from Republican to independent. Senator Tom Daschle (D-SD) will automatically be recognized by the parliamentarian as the majority leader. The Senate must pass an organizing resolution to determine the makeup of the 16 standing committees. Because the chamber is still so closely divided (50 Democrats—49 Republicans—1 independent), Democrats do not have the power to avoid a GOP filibuster, which requires 60 votes to break. Sources indicate that the GOP will likely use the filibuster threat as leverage to demand formal assurances that Democrats will not use their new committee majorities to stall approval of President Bush's upcoming judicial nominees.

With the switch in control of the Senate, Senator Patrick Leahy (D-VT) — author of the Crime Victims Assistance Act of 2001 — will replace Senator Orrin Hatch (R-UT) as chairman of the Senate Judiciary Committee. Many of the bills that address violence against women issues must receive approval from Judiciary before being voted on in the full Senate. Some analysts had speculated that Senator Joseph Biden (D-DE) would exercise his seniority to take control of the powerful panel, but he opted instead to head the Foreign Relations Committee. Senator Biden, who sponsored the Violence Against Women Act and its recent reauthorization legislation, will also head a newly created Judiciary subcommittee on crime and drugs.

In recent weeks, legislation has been introduced to close the loophole in the 1993 Brady Act that allows unlicensed dealers at gun shows to sell firearms without first running a background check on potential buyers. Background checks are used by licensed dealers to screen for domestic violence misdemeanors and other offenses that prohibit persons from buying or possessing a gun under federal law. Senator Jack Reed (D-RI) introduced the Gun Show Background Check Act (S. 767) in late April and Senators John McCain (R-AZ) and Joseph Lieberman (D-CT) followed suit in mid-May by proposing similar legislation (S. 890). Domestic violence experts have voiced strong support for such measures. According to the Violence Policy Center, crime data from 1998 shows that more than four times as many women were murdered with a gun by their husbands or intimate partners than were killed by strangers' guns, knives, or other weapons combined.

President Bush does not currently support any of the existing legislation that seeks to close the gun show loophole. In mid-May, the President introduced his own gun violence initiative — Project Safe Neighborhoods — that would provide $154 million for new programs and resources to enhance the prosecution of gun laws. The proposal would also allocate federal dollars to the distribution of child safety locks to gun owners.

A subcommittee of the House Ways and Means Committee recently held a hearing on the use of federal money to promote marriage and discourage divorce, co-habitation, and out-of-wedlock childbirth. Under the 1996 Welfare Reform Act, states may use their federal block grant money to foster marriage and "encourage the formation and maintenance of two-parent families." With federal welfare legislation set to expire next year, debate in Congress over the government's role in promoting marriage is sure to intensify over the next several months. President Bush has already proposed a $315 million, five-year commitment to marriage and fatherhood initiatives. Battered women's advocates strongly oppose such legislation, insisting that financial and other incentives to stay married may deter indigent women from fleeing an abusive relationship.

State

Less than 20 states are currently engaged in regular session activity. Before mid-July, Connecticut, Delaware, Louisiana, New Hampshire, North Carolina, Oregon, Rhode Island, and South Carolina are expected to join the growing list of inactive states. Lawmakers from several states are being called back from their home districts to return to the capital for a special session. Most of the extra sessions this year have resulted from lawmakers failing to finish controversial but "must-do" work on budget items and redistricting legislation before the end of the regular session.

Legislation aimed at protecting women from violence and mitigating the effects of violence continues to win major victories across the states. Arizona Governor Jane Hull (R) signed a bill that provides employment protection for victims of crime who need to take leave to attend court proceedings. The legislation applies only to employers who have at least 50 employees. In Texas, a measure that gives victims of "dating violence" access to protection orders was signed into law by Governor Rick Perry (R). A dating relationship is defined in the new law as "a continuing relationship of a romantic or intimate nature." State legislatures recently gave final approval to proposals establishing a protocol to seize weapons from those subject to a restraining order (Connecticut), creating a state-level Office of Victims of Crime (Missouri), and requiring teen-age rapists to register with the state as a sex offender (Oklahoma). All of these measures are expected to become law in the next several days.