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FOR IMMEDIATE RELEASE:
January 16, 2004
CONTACT:
Senator Joseph F. Vitale
Michal Shmulovich

Phone: (732) 855-7441
Fax: (732) 855-7558


VITALE'S DOMESTIC VIOLENCE & CHILD ABUSE AGENDA PASSES INTO LAW
Trenton - Senator Joseph F. Vitale (D-19) and his push to end domestic violence and child abuse gained leverage as three crucial pieces of legislation-the Domestic Violence Fatality Review Board, allowing the Adminstrative Office of the Courts records concerning domestic violence to be released to adoption agencies conducting home studies of prospective adoptive parents, and the prohibition of persons convicted of domestic violence, child abuse, or stalking from owning or possessing a firearm-were signed into law by Governor James E. McGreevey this past week, at the close of the previous legislative session.

"I am so happy to see these laws pass in our State," said Senator Vitale, Chairman of the Senate Health, Human Services & Senior Citizens Committee. "It is our duty as lawmakers to introduce systematic changes to prevent even one man, woman or child from falling victim to violence in their home. A home is a safe haven, and these laws renew the state's commitment to ensuring that those who are most vulnerable may live securely in their own home. We are starting with changing the rules and introducing awareness to an often-avoided topic. These are essential changes that will expand the fronts of the battle against domestic violence and abuse against children."

Allowing the release of Administrative Office of the Courts' records concerning domestic violence to prospective adoptive parents involved in the conducting of home studies, is to help determine the suitability of a home for the placement of a child for adoption purposes. A home study includes a State and Federal criminal history record background and Division of Youth and Family Services child abuse record information check. As such, it does not allow for the dissemination of these records or reports and they remain confidential.

"The true purpose of this law is to more carefully review prospective adoptive parents be so as to prevent the often unforeseeable dangers, such as the grave and sad occurrences that have been accented by today's media," remarked Senator Vitale.

The firearms law, which makes it a second-degree crime for persons to own or possess a firearm if they have been convicted of domestic violence, stalking or child abuse, will require law enforcement officers to seize any weapons they believe pose a threat to victims of domestic violence, and enhance protections already enacted in federal law under the Protective Order Gun Ban. In 2000, there were approximately 3.3 million children and 10 million teens, nationally, who are exposed to domestic violence in their homes. Between 1994 and 1999, there were 146 domestic violence-related deaths. Guns were the leading cause of death in these instances.

"This law is part of an effort to seize the tool most commonly used in violence related fatalities-the gun-right from the offenders' hands. These instances are broad, ranging from romantic partners to family members, and this legislation makes it much harder for perpetrators to arm themselves," explained Senator Vitale.

Lastly, the establishment of the Domestic Violence and Near Fatality Review Board in the Department of Community Affairs, reviews domestic-violence related fatalities and near-fatalities and analyzes their causes and relation to government and non-government sectors. The board will review trends and patterns of statistical form, and this information will be given to State and local agencies so that preventative measures can be taken and developed. It also calls for the establishment of a "Panel to Study Domestic Violence in the Law Enforcement Community."

"Since these are serious offenses which frequently involve fatal consequences, these preemptive changes are the necessary precautions our state must take. With increased awareness, our various community leaders and civil servants - judges, teachers, nurses, physicians, therapists, guidance counselors, lawmakers, priests, rabbis - will be able to better spot, and thus prevent, the signals that point to danger," stated Senator Vitale.

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