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June 13, 2025 26 mins

It was quite the busy week at the state Capitol to close out the 2025 Legislative Session - from Democratic leaders sounding the alarm on federal Medicaid cuts to Rep. Elise Stefanik taking aim at Gov. Kathy Hochul. We'll unpack the news driving the last week of session with Alex Gault, of the Watertown Daily Times and Northern New York Newspapers, and Jeongyoon Han, of WXXI and the New York Public News Network. We dive into the history and support Kyra's Law - a bill that would requires courts to evaluate abuse allegations and safety risks in deciding custody and visitation for children.

 

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Episode Transcript

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(00:00):
[ THEME MUSIC ]

(00:19):
>> WELCOME TO THIS WEEK'S
EDITION OF "NEW YORK NOW."
I'M SHANTEL DESTRA.
IT'S BEEN QUITE THE BUSY WEEK AT
THE STATE CAPITOL AS LAWMAKERS
CLOSED OUT THE 2025 LEGISLATIVE
SESSION.
TO START, DEMOCRATIC LEADERS OF
THE LEGISLATURE HELD A JOINT
PRESS CONFERENCE TO SPEAK OUT
AGAINST FEDERAL CUTS TO
MEDICAID.

(00:40):
THE LEADERS WARNED THAT
PRESIDENT DONALD TRUMP'S BIG
BEAUTIFUL BILL WOULD NEGATIVELY
IMPACT NEW YORKERS ENROLLED IN
THE HEALTH CARE PROGRAM.
MEANWHILE, ON THE REPUBLICAN
SIDE OF THINGS, CONGRESSWOMAN
ELIAS STEFANIK, WHO WAS
REPORTEDLY CONSIDERING A RUN FOR
GOVERNOR, HELD A PRESS
CONFERENCE WITH THE MINORITY

(01:00):
CONFERENCE OF THE LEGISLATURE.
STEFANIK AND THE REPUBLICAN
LEADERS TOOK AIM AT THE GOVERNOR
FOR WHAT THEY CALL RECKLESS
SPENDING AND INEFFECTIVE
POLICIES THIS YEAR.
THERE WAS ALSO AN INTRODUCTION
OF POLICY IN THE FINAL HOUR,
INCLUDING A COMPREHENSIVE
CRIMINAL JUSTICE PACKAGE.

(01:21):
THE STATE SENATE ALSO VOTED TO
PASS THE MEDICAL AID IN DYING
ACT SENDING THE CONTROVERSIAL
BILL TO THE GOVERNOR'S DESK.
TO DISCUSS THE NEWS THAT DROVE
THE FINAL FULL WEEK OF THE
LEGISLATIVE SESSION, WE ARE
JOINED IN STUDIO BY ALEX GAULT
OF THE WATERTOWN DAILY TIMES AND
NORTHERN NEW YORK NEWSPAPERS AS

(01:42):
WELL AS JEONGYOON HAN OF WXXI
AND THE NEW YORK PUBLIC NEWS
NETWORK.
[ THEME MUSIC ]
>> THANK YOU BOTH SO MUCH FOR
JOINING ME HERE TODAY.
>> THANKS FOR HAVING US.
>> THANKS FOR HAVING ME.
>> OF COURSE, ABSOLUTELY.
NOW TO START, AT THE TOP OF THE
WEEK WE SAW DEMOCRATIC LEADERS
SOUND THE ALARM ON MEDICAID CUTS
COMING FROM THE PRESIDENT'S BIG

(02:04):
BEAUTIFUL BILL.
I WANTED TO GET INTO SOME OF THE
MESSAGING.
WHAT DID YOU MAKE OF IT, AND WAS
IT EFFECTIVE?
>> WE DON'T NORMALLY SEE THE
LEADERS COME TOGETHER AND DO A
JOINT PRESS CONFERENCE, SO THAT
WAS CERTAINLY A MUSCULAR MOVE
FROM THEM, BUT IT'S NOT THAT BIG
OF A DEPARTURE FROM THE THINGS
THAT THEY'VE BEEN SAYING,
REALLY, SINCE TRUMP TOOK OFFICE
AND SINCE WE STARTED SEEING

(02:24):
THESE CUTS COMING DOWN THE LINE,
AS IT WERE.
THEY'VE CONSTANTLY SAID, YOU
KNOW, NEW YORKERS SHOULD BE
ASKING THE REPUBLICAN CONGRESS
MEMBERS ABOUT THE BILL AND ABOUT
THE MEDICAID CUTS, IF THEY
SUPPORT IT, PUSH BACK, AND I
DON'T KNOW THAT MESSAGE IS
NECESSARILY GETTING TO THE
REPUBLICAN CONGRESS MEMBERS.
THEY VOTED, AGAIN, IN SUPPORT OF

(02:45):
ESSENTIALLY THE SAME CUTS SO I
DON'T BELIEVE THAT THEIR
MESSAGING HAS AT LEAST AT THIS
POINT HAD AN IMPACT.
>> THEY DID RUN A LOT OF NUMBERS
TO MAKE IT CLEAR THAT THIS WOULD
BE A BIG HIT TO NEW YORKERS IF
THE BIG BEAUTIFUL BILL PASSED IN
THE WAY THAT IT IS CURRENTLY
COSTING FOR $600 BILLION IN
MEDICAID CUTS ACROSS THE
COUNTRY.

(03:06):
THE LEADERS NARROWED IN ON WHAT
THE IMPACT WOULD LOOK LIKE IN
NEW YORK.
IT WOULD BE $13.5 BILLION IN
CUTS AND AN AMOUNT OF FUNDING
THAT THE STATE WOULD HAVE TO
MAKE UP FOR IS WHAT CURRENT
ESTIMATES FROM ALBANY LOOKS
LIKE.
THAT WOULD LEAVE UP TO 1.5
MILLION NEW YORKERS UNINSURED.
SO I THINK IT WAS MOSTLY THAT IT

(03:28):
WAS A BLUNT REALITY CHECK THAT
THE NEW YORK STATE DEMOCRATS
WANTED TO LEAVE WITH RESIDENTS
ACROSS THE STATE.
>> YEAH. AND AS YOU MENTIONED,
SPEAKER HEASTIE SORT OF NARROWED
DOWN ON THIS SENTIMENT THAT
REPORTERS SHOULD BE ASKING THE
REPUBLICAN MEMBERS OF CONGRESS,
AND WE SAW ACTUALLY
CONGRESSWOMAN ELISE STEFANIK

(03:49):
MAKE AN APPEARANCE AT THE STATE
CAPITOL THAT SAME MORNING
ACTUALLY, AND WE KNOW THAT THE
CONGRESSWOMAN IS SORT OF MEALING
OVER A GUBINATORIAL RUN.
SHE TOOK AIM AT GOVERNOR KATHY
HOCHUL CALLING HER THE WORST
GOVERNOR IN AMERICA.
SO WHAT DID YOU MAKE OF THE
CONGRESSWOMAN'S APPEARANCE?
I KNOW, ALEX, YOU ACTUALLY RAN
THE NUMBERS TO THE
CONGRESSWOMAN.

(04:09):
CAN YOU TELL US ABOUT HERB
RESPONSE TO YOUR QUESTIONING?
>> SURE. SO THE CONGRESSIONAL
BUDGET OFFICE ESTIMATES THAT AT
THE LOWEST INCOME FAMILIES
ACROSS THE COUNTRY, THAT'S EVERY
STATE, ARE GOING TO LOSE BETWEEN
2 AND 4% OF THEIR AVAILABLE
RESOURCES BECAUSE OF THE BENEFIT
CUTS.
MEANWHILE, THE HIGHEST EARNERS
ARE GOING TO SEE BETWEEN A 2 AND

(04:30):
4% INCREASE IN THEIR AVAILABLE
RESOURCES BECAUSE OF THE TAX
CUTS.
SO I POSED THE QUESTION TO THE
CONGRESSWOMAN, GIVEN HOW THE ONE
BIG BEAUTIFUL BILL WORKS,
ESSENTIALLY A VOTE FOR IT IS A
VOTE TO CUT TAXES FOR THE RICH
AND CUT HEALTH CARE FOR PEOPLE
WHO ARE ON MEDICAID, THE LOWEST
INCOME PEOPLE, AND HER RESPONSE
WAS THAT WAS INCORRECT AND THAT

(04:51):
THE CBO IS NOT ACCURATE ON THAT
FRONT.
I DON'T SEE ANY OTHER ESTIMATES
THAT HOLD ANY WATER TO SUGGEST
THAT WHAT THE CBO SAYS IS COMING
ISN'T GOING TO HAPPEN SO HER
MESSAGING ON THAT WAS TO FLAT
OUT REJECT IT AND SAY THAT'S NOT

(05:12):
HAPPENING.
HER VISIT AT LARGE I THINK WAS
CLEARLY TO KEEP THE
GUBERNATORIAL RUN ALIVE, KIND OF
CONTINUE THE NEWS CYCLE ON THAT
FRONT.
SHE REALLY HAMMERED IN ON KATHY
HOCHUL.
HER MESSAGE WAS THAT THE EXTRA
MEDICAID MONEY THAT WOULD BE CUT
IN NEW YORK IS SPECIFICALLY FOR
UNDOCUMENTED IMMIGRANTS, WHICH
NEW YORK DOES PROVIDE SOME
BENEFITS TO UNDOCUMENTED

(05:33):
IMMIGRANTS UNDER STATE LAW, AND
SHE WAS ASKED HOW SHE WOULD CUT
THAT FUNDING IF SHE WERE TO
BECOME GOVERNOR, AND SHE SAID
SHE WOULD MOVE THROUGH EXECUTIVE
ORDERS AND THROUGH LEGISLATIVE
ACTION.
SO SHE'S GOT A GAME PLAN FOR IF
SHE DOES GET THE GOVERNOR'S
OFFICE.
>> I THOUGHT WHEN CONGRESSWOMAN
STEFANIK CAME TO ALBANY A BIG

(05:53):
THROUGH LINE SHE EMPHASIZED WAS
ALSO ABOUT IMMIGRATION AND THE
MESSAGE THAT UNDER GOVERNOR
HOCHUL'S WATCH THAT THERE HAVE
BEEN AN UPTICK OF CRIMES.
WE HAVEN'T SEEN DATA THAT
ACTUALLY PROVE THIS, BUT SHE
TOOK THAT MESSAGE ALSO DIRECTLY
TO THE GOVERNOR WHEN GOVERNOR
HOCHUL CAME AND APPEARED AT THE
CONGRESSIONAL HEARING ON
THURSDAY.
I THINK IT WASN'T QUITE THE

(06:14):
ZINGER THAT CONGRESSWOMAN
STEFANIK WAS HOPING FOR BECAUSE
SHE HAD THAT NOTABLE HEARING ON
ANTI-SEMITISM ON COLLEGE
CAMPUSES TWO YEARS AGO.
THEY WERE MOSTLY TALKING PAST
EACH OTHER AND HONING IN ON THE
POINTS THAT EACH PARTY HAS.
GOVERNOR HOCHUL MADE IT CLEAR
THAT NEW YORK STATE COOPERATES

(06:35):
WITH THE FEDERAL GOVERNMENT IN
CRIMINAL CASES.
I THINK IT'S JUST GOING TO BE A
MATTER OF HOW EACH PARTY CHOOSES
TO SPIN AND TALK ABOUT WHAT
HAPPENED FROM THAT HEARING
GOING FORWARD.
>> YEAH. WHAT DID YOU MAKE OF
THE GOVERNOR'S PERFORMANCE IN
THAT HEARING?
DID YOU THINK IT WAS EFFECTIVE?
>> I THINK IT'S INTERESTING.
JUST FROM A PRESENTATION ASPECT,

(06:55):
SHE IS NOT AS COMBATIVE OR
AGGRESSIVE IN TERMS OF DEBATING
STYLE THAT WE'VE SEEN IN PAST
GOVERNORS, BUT SHE DID HAVE SOME
POIGNANT COMMENTS IN THE MIDDLE
OF JUST THIS BARRAGE OF
QUESTIONS AND DIDN'T GIVE HER
MUCH ROOM TO ACTUALLY RESPOND.
AT ONE POINT AS CONGRESSWOMAN
STEFANIK WAS ASKING THE GOVERNOR

(07:17):
ABOUT DIFFERENT CASES OF
INSTANCES OF UNDOCUMENTED
MIGRANTS IN NEW YORK COMMITTING
CRIMES, GOVERNOR HOCHUL HAD THIS
ONE LINE THAT I THOUGHT WAS
POIGNANT, RATHER THAN GOING
AFTER THE VIRAL MOMENT, I
SUGGEST YOU LOOK AT THE FACTS.
BUT AT THE END OF THE DAY, IT
REALLY WILL BE UP TO HOW
CONGRESSWOMAN STEFANIK AND
GOVERNOR HOCHUL TALKS ABOUT

(07:38):
IMMIGRANTS IN NEW YORK AND TO
NEW YORKERS.
>> ABSOLUTELY, AND OF COURSE
THIS WEEK, THERE WAS ALSO SOME
MOVEMENT ON POLICY.
WE SAW MEDICAL AID IN DYING GET
PASSED IN THE SENATE JUST A FEW
WEEKS AFTER IT PASSED FOR THE
FIRST TIME IN THE ASSEMBLY.
SO I WANTED TO GET INTO THE
SIGNIFICANCE OF THAT.

(07:58):
>> IT'S A BILL THAT HAS HAD A
LONG SHELF LIFE HERE IN ALBANY.
IT'S BEEN ABOUT A DECADE, I
BELIEVE, THAT IT'S BEEN
INTRODUCED AND USUALLY DIES
BEFORE IT EVEN GETS TO A
COMMITTEE VOTE.
SO THE PROGRESS THIS YEAR HAS
REALLY BEEN REMARKABLE, AND
WHAT'S INTERESTING IS THAT THE
BILL, ITSELF, HASN'T CHANGED
SIGNIFICANTLY.
IT'S THE LEGISLATORS AND THE
LEGISLATURE THAT HAS KIND OF
COME AND MET IT WHERE IT WAS.
EVERYBODY THAT I'VE TALKED TO,

(08:20):
PEOPLE WHO SAID THAT THEY WERE A
NO VOTE AND SWITCHED SAY THAT'S
BECAUSE OF THE ADVOCATES.
I THINK ANYBODY WHO HAS BEEN TO
THE CAPITOL IN THE LAST COUPLE
OF YEARS HAS SEEN THE MEDICAL IN
DYING SUPPORTERS.
THEY LINE THE CAPITOL ALL OF THE
TIME.
THEY HAVE THEIR SIGNS, AND THEY
MAKE A VERY EMOTIONALLY CHARGED
CASE THAT THIS BILL WAS ABOUT

(08:40):
DIGNITY FOR PEOPLE WHO ARE
SUFFERING FROM TERMINAL
ILLNESSES, AND THAT REALLY
CONVINCED THE LEGISLATURE THIS
YEAR.
IT REMAINS TO BE SEEN WHAT THE
GOVERNOR WILL DO WITH THAT BILL.
SHE OFTEN GIVES THINGS A VERY
THOROUGH REVIEW AND CAN SUGGEST
CHANGES THROUGH CHAPTER
AMENDMENTS.
SO I'M NOT SURE THAT WE'VE SEEN
THE LAST OF THE VOTES ON THIS
BILL.

(09:00):
THERE MAY BE PERHAPS ONE MORE
NEXT YEAR TO ACCEPT THE
GOVERNOR'S CHANGES IF SHE MAKES
ANY.
>> YEAH. AND THERE WAS ALSO
INTRODUCTION OF THE CRIMINAL
JUSTICE COMPREHENSIVE PACKAGE
AND JEONGYOON, YOU AND I KNOW
THAT YOU'VE BEEN DOING SOME
AWESOME REPORTING THIS SESSION
ON CRIMINAL JUSTICE PRIORITIES.
CAN YOU TELL US ABOUT THE BILL
OR THE PACKAGE, AND YOU KNOW,
HOW IT SORT OF ALL CAME
TOGETHER?

(09:21):
>> YEAH. SO LAWMAKERS HAVE BEEN
DELIBERATING FOR THE LAST SIX
MONTHS, BASICALLY THE ENTIRE
SESSION PRECISELY OF WHAT THEY
SHOULD DO ABOUT ONGOING
INSTANCES OF VIOLENCE IN NEW
YORK'S PRISONS.
THIS BECAME A POIGNANT QUESTION
PARTICULARLY AFTER THE DEATH OF
ROBERT BROOKS AT AN UPSTATE
CORRECTIONAL FACILITY.
HE WAS A 43-YEAR-OLD INMATE WHO

(09:42):
WAS HANDCUFFED AND DIED THE NEXT
DAY IN DECEMBER.
SO LAWMAKERS LAST WEEK CAME
TOGETHER AND PUT A PACKAGE OF
LEGISLATIVE REFORMS CALLED THE
ROBERT BROOKS BLUEPRINT FOR
JUSTICE AND REFORM.
IT WAS ABOUT 24 SOME ODD BILLS
THAT WAS RELATED TO PRISON
OVERSIGHT AND TRANSPARENCY, BUT

(10:04):
IT GOT WHITTLED DOWN TO ABOUT
TEN PROVISIONS FROM WHAT PACKAGE
AND THE SENATE AND ASSEMBLY
PASSED THAT PRISON BILL LAST
NIGHT.
IT WAS MOSTLY ABOUT INCREASING
TRANSPARENCY IN NEW YORK'S
PRISONS, BUT WE'VE HEARD
CRITICISM FROM ADVOCATES,
CRIMINAL JUSTICE ADVOCATES THAT
IT DID NOT DO ENOUGH TO

(10:27):
IMPLEMENT PAROLE REFORM WHICH IS
A BIG THING THAT ADVOCATES HAVE
CALLED FOR AND LONG CAMPAIGNED
FOR, BUT IN RESPONSE, SOME OF
THE TOP LAWMAKERS WHO WERE--
PLAYED A BIG ROLE IN PUTTING
THIS BILL TOGETHER SAID THAT
THIS IS JUST THE FIRST STEP OF
REFORMS THAT THE STATE SHOULD
EXPECT AND HOPEFULLY NEXT

(10:48):
SESSION, THERE MAY BE MORE
PROGRESS IN HOW TO TALK ABOUT
AND CONSIDER PAROLE REFORM
LEGISLATION.
>> AND LASTLY, AS LAWMAKERS HEAD
BACK TO THEIR DISTRICTS FOR THE
SUMMER, I WAS CURIOUS, WHAT ARE
SOME OF THE PERTINENT ISSUES
THAT MIGHT COME UP FOR THE
SUMMER BEFORE LEGISLATORS RETURN
FOR THE LEGISLATIVE SESSION AT
THE TOP OF NEXT YEAR?

(11:09):
>> I THINK WE'RE GOING TO SEE
MORE PROGRESS DEFINITELY ON THE
PRISON REFORM.
THAT WAS A VERY CHARGED ISSUE
THIS YEAR, THAT PEOPLE ARE GOING
TO KEEP UP ON AND WE'RE ALSO, OF
COURSE, GOING TO SEE POTENTIAL
PRISON CLOSURES COMING DOWN THE
LINE IN THE COMING MONTHS.
THERE WAS A BIG PUSH FOR THEM TO
CLOSE MARCY CORRECTIONAL, WHERE
MR. BROOKS WAS KILLED.
SO WE'LL SEE IF THAT HAPPENS.
AND I THINK THERE'S BEEN SOME

(11:31):
BUZZ THAT PERHAPS THE
LEGISLATURE WILL COME BACK ONCE
THE FEDERAL GOVERNMENT FINALIZES
THE APPROPRIATIONS BILL WITH
POTENTIALLY HUGE CUTS TO THINGS
LIKE MEDICAID AND MEDICARE AND
BENEFITS THAT NEW YORK GIVES OUT
THAT IT WOULD HAVE TO
ESSENTIALLY BACKFILL OR CUT
ITSELF.
SO THERE'S SOME POTENTIAL.

(11:52):
THE DOOR HAS BEEN LEFT OPEN FOR
SESSION TO COME BACK SOMETIME IN
THE FALL TO ANSWER SOME
BUDGETARY QUESTIONS.
WE'LL SEE IF THAT HAPPENS.
>> AND I THINK A LOT OF PEOPLE
HAVE HAD THEIR EYES ON WHAT'S
HAPPENING IN LOS ANGELES RIGHT
NOW WITH PRESIDENT TRUMP'S
SENDING OF NATIONAL GUARD TROOPS
OVER THERE TO QUELL PROTESTS
AROUND IMMIGRATION AND PRESIDENT

(12:13):
TRUMP'S DEPORTATION EFFORTS.
I THINK SOME NEW YORKERS ARE
WONDERING IF AND WHEN SOMETHING
LIKE THAT WILL HAPPEN IN NEW
YORK AND WHAT LAWMAKERS HERE IN
THIS STATE PLAN TO DO IN
RESPONSE TO THAT.
SO I THINK THAT'S SOMETHING THAT
I'M PERSONALLY LOOKING OUT FOR.
>> YEAH. SO CERTAINLY A LOT TO
LOOK FORWARD TO.
WE'LL HAVE TO KEEP OUR EYES
OPEN, BUT UNFORTUNATELY, THAT'S

(12:34):
ALL THE TIME WE HAVE FOR RIGHT
NOW.
THANK YOU SO MUCH FOR TAKING
TIME TO SPEAK WITH US TODAY.
THANKS FOR HAVING US.
THANK YOU.
OF COURSE.
AND WE WERE SPEAKING WITH ALEX
GAULT OF THE WATERTOWN DAILY
TIMES AND NORTHERN NEW YORK
NEWSPAPERS, AS WELL AS JEONGYOON
HAN OF WXXI AND THE NEW YORK
PUBLIC NEWS NETWORK.
[ THEME MUSIC ]

(12:55):
>> AND FOR MORE ON THE NEWS THAT
DROVE THE LAST WEEK OF SESSION,
YOU CAN VISIT OUR WEBSITE.
THAT'S AT NYNOW.ORG.
NOW TURNING TO ANOTHER IMPORTANT
TOPIC.
THROUGHOUT THE LEGISLATIVE
SESSION, STATE LAWMAKERS WERE
LOOKING TO IMPLEMENT A BILL
KNOWN AS KYRA'S LAW.
IF ENACTED, THE LAW WOULD

(13:15):
REQUIRE COURTS TO EVALUATE ABUSE
ALLEGATIONS AND SAFETY RISKS IN
DECIDING CUSTODY AND VISITATION
FOR CHILDREN.
THE BILL HAS HAD GROWING
BIPARTISAN SUPPORT IN THE LAST
DAYS OF THE LEGISLATIVE SESSION.
ELISE KLINE HAS THAT STORY.
[ THEME MUSIC ]

(13:36):
>> WHEN JACQUELINE FRANCHETTI
WALKED INTO NASSAU FAMILY COURT
ABOUT TEN YEARS AGO, SHE
WAS HOPING TO GAIN PROTECTION
FOR HERSELF AND HER SIX-WEEK OLD
DAUGHTER KYRA
SHE BEGGED THE JUDGE TO LISTEN
TO HER FEARS OF ALLOWING HER
CHILD VISITATION WITH HER
EX-PARTNER.
>> I THOUGHT AS SOON AS I TELL
THE JUDGE THAT HE'S THREATENING
US, STALKING US, HARASSING US,
THAT I'M A VICTIM OF DOMESTIC

(13:57):
VIOLENCE DUE TO HIS EFFORTS, AND
THAT I'M TERRIFIED FOR MY LIFE
AND FOR KYRA'S SAFETY, I THOUGHT
AS SOON AS THE JUDGE HEARS ANY
OF THIS, SHE'S GONNA WORK TO
PROTECT KYRA.
THAT COULDN'T BE FARTHER FROM
THE TRUTH.
>> FRANCHETTI SAID THE JUDGE
RESPONDED BY YELLING AT HER
TELLING HER TO GROW UP.
AT A COURT HEARING IN JUNE OF TO

(14:17):
16, SHE RECALLED THE JUDGE
TELLING HER THAT IT WAS NOT A
LIFE OR DEATH SITUATION.
ABOUT A MONTH AFTER THAT
HEARING, KYRA'S FATHER SHOT
KYRA, THEN TWO YEARS OLD, IN THE
BACK TWICE WHILE SHE WAS
SLEEPING AND SET HIS HOUSE ON
FIRE AND DIED BY SUICIDE.
>> YOU KNOW, EVERY DAY THE
SCHOOL BUS GOES BY MY HOUSE AND

(14:38):
SHE'S NOT ON IT.
I SEE HER FRIENDS.
THEY'VE GROWN UP.
SHE SHOULD BE 11 YEARS OLD RIGHT
NOW.
I DON'T KNOW WHAT HER FAVORITE
COLOR IS.
I DON'T KNOW WHAT SHE WANTS TO
BE WHEN SHE GROWS UP.
I DON'T KNOW WHO HER FRIENDS
WOULD BE.
YOU KNOW, MY HEART HAS BEEN

(15:00):
BROKEN INTO MILLIONS AND
MILLIONS OF PIECES AND OUR
COURTS COULD CARE LESS.
>> FRANCHETTI ADDS SHE OFTEN
THINKS ABOUT HOW HER FIERCELY
INDEPENDENT TODDLER HAD JUST
LEARNED TO ROLL DOWN A HILL FOR
THE FIRST TIME, DAYS BEFORE SHE
WAS KILLED.
>> SHE TOOK A COUPLE OF TUMBLES
DOWN AND SHE GOT UP AND SHE

(15:21):
SAID, I DID IT, MAMA, I DID IT!
AND SHE WAS SO PROUD OF HER
LATEST ACCOMPLISHMENT.
>> SOME NEW YORK STATE LAWMAKERS
WANT TO PASS A BILL NICKNAMED
AFTER KYRA TO ADDRESS CHALLENGES
IN THE COURTED SYSTEM WHEN IT
COMES TO DOMESTIC VIOLENCE AND
CHILDREN'S SAFETY.
THE LEGISLATION WOULD REQUIRE
THE FAMILY AND SUPREME COURTS TO

(15:41):
CONDUCT AN EVIDENTIARY HEARING
ON THE RISK OF A CHILD'S SAFETY
IN A CUSTODY CASE.
THIS PROVISION WOULD DETERMINE
TEMPORARY LIMITATIONS ON CUSTODY
AND VISITATION RIGHTS.
DOMESTIC VIOLENCE ADVOCATE JOAN
GERHARDT WITH THE NEW YORK STATE
COALITION AGAINST DOMESTIC
VIOLENCE SAYS THIS IS CRITICAL
FOR FAMILIES WHO SPEND YEARS
TIED UP IN COURT WORRYING ABOUT
THEIR SAFETY FROM THEIR ABUSER.

(16:02):
GERHARDT SAYS THE EVIDENTIARY
HEARING PROVISION IN THIS
LEGISLATION WOULD PUSH THE ABUSE
ALLEGATIONS TO THE BEGINNING OF
THE LEGAL PROCESS IN COURT AND
BUY CRITICAL TIME FOR FAMILIES.
>> TEMPORARY WHEN YOU TALK ABOUT
THE COURT SYSTEM COULD BE
SEVERAL YEARS, AND THAT'S A LOT
OF TIME FOR AN ABUSER TO HAVE
ACCESS TO A CHILD AND I WANT TO
BE REALLY CLEAR THAT IN THE

(16:22):
CASES WHERE WE SEE CHILDREN
REALLY BEING HARMED OR EVEN
MURDERED, THIS IS BECAUSE
ABUSERS USE THE CHILDREN AS A
TACTIC TO HARM THEIR VICTIM, THE
OTHER PARENT.
>> THE LEGISLATION WOULD ALSO
REQUIRE THE COURTS, WHEN MAKING
A FINAL DETERMINATION OF CUSTODY
TO PRIORITIZE AND PROMOTE THE

(16:42):
SAFETY OF THE CHILD.
THE BILL REQUIRES, IN MAKING
THIS DECISION, THE CONSIDERATION
OF FACTORS INCLUDING THE PARTY'S
HISTORY OF DOMESTIC VIOLENCE,
CHILD ABUSE, INCIDENTS INVOLVING
HARM TO THE CHILD OR RISK TO THE
CHILD'S SAFETY, POLICE REPORTS,
THREATS AND MORE.
GERHARDT SAYS ONE OF THE BIGGEST
ISSUES FACING DOMESTIC VIOLENCE
CASES IN COURT IS LACKING

(17:03):
PRIORITIZATION.
>> BECAUSE THERE'S SO MUCH
BACKLOG IN THE ACTUAL COURT
DOCKETS, THEY DON'T ACTUALLY
HEAR ALLEGATIONS OF DOMESTIC
VIOLENCE OR CHILD ABUSE FOR
SEVERAL MONTHS, IF NOT EVEN
YEARS, AFTER A FILING HAS BEEN
MADE TO THE COURT.
SO WHAT HAPPENS IS DOMESTIC
VIOLENCE SURVIVORS ARE TYPICALLY

(17:23):
TOLD WE WANT TO HEAR WHAT YOU
HAVE TO SAY.
WE'RE JUST NOT READY YET.
>> STATE SENATOR JAMES SKOUFIS,
A DEMOCRAT REPRESENTING ORANGE
COUNTY AND A LEAD SPONSOR OF THE
BILL, SAYS THIS LEGISLATION WAS
CRAFTED IN RESPONSE TO THE
COUNTLESS TRAGEDIES IN FAMILY
COURT, INCLUDING KYRA'S DEATH.
HE SAYS THE BILL AIMS TO IMPROVE
THE PRIORITIZATION OF CHILDREN
IN COURTROOMS HANDLING CUSTODY,

(17:43):
DOMESTIC VIOLENCE CASES.
>>
>> AND SO WHAT THIS BILL IN ITS
MOST SIMPLEST TERMS LOOKS TO DO
IS IT LOOKS TO NOT JUST MAKE THE
WELLNESS AND SAFETY OF A CHILD A
TOP PRIORITY DURING THESE FAMILY
COURT PROCEEDINGS, WE'RE LOOKING
TO MAKE THE SAFETY OF A CHILD
THE TOP PRIORITY DURING THESE

(18:06):
PROCEEDINGS.
>> THE LEGISLATION IS ON ITS
THIRD TRY IN ALBANY AFTER
FAILING TO MAKE IT OUT OF
COMMITTEE'S LAST YEAR.
SKOUFIS SAYS THEY HAVE GONE
THROUGH A NUMBER OF AMENDMENTS
AND ARE STILL WORKING ON MORE.
>> WE'RE TRYING TO FIGURE OUT
ONE LAST SET OF AMENDMENTS THAT,
YOU KNOW, GIVES THIS BILL, YOU
KNOW, SOME PROPPELANT.
>> SKOUFIS ADDS THAT CHANGE TO
EXISTING SYSTEMS CAN BE VERY

(18:27):
CHALLENGING ESPECIALLY WHEN IT
COMES TO THE COURTS.
>> SO CHANGE IS NO DOUBT
DIFFICULT FOR SOME OF THESE
JUDGES TO INTERNALIZE AND YOU
KNOW, THEY'RE GOING TO HAVE SOME
PROBLEMS WITH ELEMENTS OF THIS
BILL BECAUSE CHANGE IS
DIFFICULT.
WE'VE GOT TO SURMOUNT THAT.
THAT'S NOT A REASON TO NOT DO
THIS BILL.
>> WMHT REACHED OUT MULTIPLE
TIMES TO THE NEW YORK OFFICE OF
COURT ADMINISTRATION BUT THEY

(18:47):
DID NOT RESPOND FOR COMMENT.
SKOUFIS SAYS THE BILL IS STILL
ALIVE AND THAT LAWMAKERS ARE
WORKING HARD TO GET IT ACROSS
THE FINISH LINE.
THE BILL HAS ALSO BIPARTISAN
SUPPORT.
STATE SENATOR ANTHONY PALUMBO, A
REPUBLICAN REPRESENTING PARTS OF
SUFFER FOLK COUNTY AND A RANKING
MEMBER OF THE JUDICIARY
COMMITTEE, SAYS JUDGES NEED
BETTER TRAINING WHEN IT COMES TO
HANDLING DOMESTIC VIOLENCE CASES
AND KYRA'S LAW COULD HELP

(19:08):
ADDRESS THIS.
>> I THINK THAT'S A GREAT STEP
IN THE RIGHT DIRECTION AND LIKE
MANY OTHER THINGS, WE CAN MAKE
THESE CHANGES AND THEN SEE HOW
THEY'RE WORKING AND
INCREMENTALLY ADJUST AS WE SEE
FIT.
>> KYRA'S LAW WOULD EXPAND
JUDICIARY TRAINING IN DOMESTIC
VIOLENCE, CHILD ABUSE, AND CHILD
NEGLECT AND REQUIRE SUPPLEMENTAL
TRAINING EVERY TWO YEARS.
>> STATE SENATOR LEA WEBB, A
DEMOCRAT REPRESENTING TOMPKINS

(19:29):
AND COURTLAND COUNTIES AND THE
CHAIR OF THE WOMEN'S ISSUES
COMMITTEE, SAYS KYRA'S LAW IS
ALSO IMPORTANT TO FACILITATE
LARGER CONVERSATIONS ABOUT THE
ISSUE OF DOMESTIC VIOLENCE.
>> SHE SAYS SHE SIGNED ON TO
SUPPORT THE BILL BECAUSE
POLICIES TARGETING ISSUES OF
DOMESTIC VIOLENCE ARE IMPORTANT.
>> POLICY THAT IS ROOTED IN
EMPOWERING SURVIVORS BUT ALSO

(19:51):
BEING PROACTIVE AND ADDRESSING
THESE ISSUES IS A PRIORITY OF
MINE.
>> SOME LEGAL EXPERTS SAY THEY
SUPPORT THE MESSAGE THE BILL
SENDS BUT THEY ARGUE THE ISSUE
COULD BE BETTER TARGETED BY
ESTABLISHING A BEST INTEREST
LEGAL STATUTE.
LAW PROFESSOR DALE CECKA SAYS
NEW YORK IS THE ONLY STATE IN
THE NATION THAT DOESN'T HAVE A
BEST INTEREST STATUTE.

(20:12):
>> THERE'S A LIST OF FACTORS
THAT USUALLY JUDGES WILL RUN
THROUGH AND SAY, WELL, ON THIS
FACTOR, I SEE THIS.
IT JUST GIVES MORE OF A KIND OF
ROADMAP FOR ASSESSING BEST
INTEREST.
NEW YORK DOESN'T HAVE THAT AT
ALL, SO IT'S BASICALLY LIKE JUST
THE JUDGE'S FEELING.
>> SOME LAWMAKERS SEEM TO BE

(20:33):
SUPPORTIVE OF THE IDEA OF
ESTABLISHING THIS STANDARD
THROUGH POSSIBLE LEGISLATION.
>> YEAH. THIS BILL IS NOT GOING
TO BE THE BE ALL END ALL TO THE
FAMILY COURT CONVERSATION.
ITS COULD NOT ADDRESS ALL OF THE
ISSUES, ALL OF THE PROBLEMS, AND
YOU KNOW, THERE'S A MYRIAD OF
THEM.
IN FACT, OF ANY OF THE COURTS IN
NEW YORK STATE, FAMILY COURT IS
THE ONE THAT I'VE HEARD THE MOST
FROM, ADVOCATES AND CONSTITUENTS

(20:54):
IN TERMS OF IT'S JUST FAILING
WITH REGULARITY ON THEIR BEHALF
AND THEIR CHILDREN'S BEHALF.
SO, YOU KNOW THIS IS A PART OF
THE CONVERSATION KYRA'S LAW THAT
WE'RE TALKING ABOUT.
THERE ARE CERTAINLY MANY OTHER
COMPONENTS THAT WE HAVE TO
ADDRESS.
>> OTHER LEGAL EXPERTS SAY
KYRA'S LAW COULD BE A POSITIVE
STEP TOWARD IMPROVING THE
SYSTEM.
JENNIFER FRIEDMAN, WITH
SANCTUARY FOR FAMILIES, AGREES

(21:15):
THE STATE NEEDS TO LEGALLY
PROVIDE MORE GUIDELINES AROUND
BEST INTEREST.
SHE ALSO SAYS KYRA'S LAW TOUCHES
ON SOME SPECIFIC FACTORS.
>> AND WHAT I THINK IS REALLY
NECESSARY IS TO LAY OUT, FOR
EXAMPLE, LETHALITY FACTORS.
LETHALITY FACTORS ARE
EVIDENCE-BASED, RESEARCH-BASED
FACTORS THAT HAVE BEEN SHOWN TO

(21:35):
INCREASE THE LIKELIHOOD OF
HOMICIDE IN A DOMESTIC VIOLENCE
SITUATION.
>> LETHALITY FACTORS CAN RANGE
FROM THREATS OF SUICIDE TO
STALKING AND STRANGULATION.
FRIEDMAN SAYS THIS IS BASIC WHEN
IT COMES TO DOMESTIC VIOLENCE
CASES COURTS SHOULD BE WEIGHING
THESE FACTORS.
>> THERE'S NO REQUIREMENT RIGHT
NOW THAT THE COURTS CONSIDER IN

(21:57):
NEW YORK STATE LETHALITY FACTORS
IN ISSUING VISITATION AND
CUSTODY ORDERS.
THAT IS VERY BASIC.
THE LAW NEEDS TO BE UPDATED TO
KEEP TRACK WITH BEST PRACTICES
AND SCIENTIFIC BEST-- BEST

(22:17):
SCIENTIFIC PROCESSES THAT HAVE
BEEN DETERMINED.
>> KYRA'S LAW IS ONE POLICY AND
AN EXAMPLE OF ONE AREA WITHIN
DOMESTIC VIOLENCE LAWMAKERS ARE
TRYING TO ADDRESS.
STATE SENATE MAJORITY LEADER
ANDREA STEWART-COUSINS, A
DEMOCRAT REPRESENTING PARTS OF
WESTCHESTER, SAYS THERE ARE
ONGOING CONVERSATIONS ABOUT HOW
THE STATE CAN BETTER ADDRESS
HANDLING DOMESTIC VIOLENCE.

(22:38):
>> WE ARE TRYING TO MAKE SURE
THAT THE INFORMATION IS
AVAILABLE, THAT PEOPLE RECOGNIZE
NO MATTER WHERE THEY ARE, THE
SIGNS OF DOMESTIC VIOLENCE AND
ASSURED OF STOPPING IT
COMPLETELY BEING ABLE TO MAKE
SURE THAT BARRIERS ARE REMOVED
>> ASSEMBLY MEMBER ED RA, A
REPUBLICAN REPRESENTING NASSAU
COUNTY, SAYS KYRA'S LAW COULD BE
A POSITIVE STEP IN ADDRESSING

(22:59):
CHALLENGES AROUND DOMESTIC
VIOLENCE.
HE ALSO SAYS THE BILL NEEDS A
BIT MORE WORK.
>> IT'S TOUGH WITH THE COURT
SYSTEM, IT'S ALWAYS DIFFICULT.
I THINK THERE'S A NUMBER OF MY
COLLEAGUES WHO DO PRACTICE AND
WORK IN THOSE AREAS THAT HAVE
UNIQUE PERSPECTIVES WHO HAVE
BROUGHT UP SOME ISSUES AND
THINGS THAT MAYBE NEED TO BE
ADDRESSED, BUT I THINK, YOU

(23:20):
KNOW, HOLISTICALLY THINKING
ABOUT DOMESTIC VIOLENCE,
THINKING ABOUT PROTECTING
VICTIMS OF DOMESTIC VIOLENCE, I
THINK IT'S AN IMPORTANT BILL.
>> RA ADDS THAT THERE ARE STILL
VARYING OBSTACLES THE STATE
COULD HELP WITH WHEN IT COMES TO
ISSUES OF DOMESTIC VIOLENCE.
>> I THINK WE HAVE MORE WORK TO
DO IN TERMS OF MAKING SURE,
WHETHER IT'S WHO THEY CAN CALL,

(23:42):
WHERE THEY CAN SEEK SHELTER,
SOMETIMES IT'S EVEN SITUATIONS
WHERE THEY NEED TO KNOW THEY CAN
GO SOMEWHERE THAT THEY CAN BRING
A PET WITH THEM AND THAT TYPE OF
STUFF, BECAUSE THESE THINGS DO
BECOME REAL OBSTACLES TO PEOPLE
LEAVING THESE SITUATIONS.
>> SENATOR WEBB SAYS THERE IS
MORE THE STATE CAN DO TO PREVENT
TRAGEDIES FROM OCCURRING.
SENATOR WEBB INTRODUCED A BILL
THAT WOULD REQUIRE LAW

(24:03):
ENFORCEMENT OFFICERS TO CONDUCT
A LETHALITY ASSESSMENT AS PART
OF A STANDARDIZED DOMESTIC
INCIDENT REPORT.
>> AND WHAT HAS BEEN FOUND WITH
THIS TOOL IN OTHER STATES THAT
CURRENTLY UTILIZE IT THAT IT IS
HAS RESULTED IN 40% OF PEOPLE'S
LIVES BEING SAVED BECAUSE THAT
ASSESSMENT WAS DONE.
>> FRIEDMAN SAYS THIS

(24:23):
LEGISLATION, IF PASSED, WOULD BE
AN ADVANCEMENT AND EXAMPLE OF
POLICIES FOLLOWING EVIDENCE ON
THIS ISSUE.
>> I AM A REAL BELIEVER IN THE
LETHALITY ASSESSMENT PROTOCOL.
IT'S CALLED LAP, L-A-P,
LETHALITY ASSESSMENT PROTOCOL.
I'M A BIG BELIEVER.
I DO THINK LAW ENFORCEMENT
SHOULD BE ARMED WITH THIS
EVIDENCE-BASED INFORMATION AND

(24:44):
KNOWLEDGE WHEN THEY'RE
RESPONDING TO 911 CALLS AND
OTHER CALLS OF DOMESTIC
INCIDENTS.
>> WHILE THE BILL DIDN'T MAKE IT
OUT OF COMMITTEE LAST YEAR DUE
TO THE LIMITED TIME AT THE END
OF THE SESSION, SENATOR WEBB
SAYS SHE'S HOPEFUL THE BILL CAN
MAKE IT FURTHER THIS YEAR.
AS A LAST SCHEDULED SESSION DAY
IT'S UNCLEAR IF KYRA'S LAW WILL
MAKE IT ACROSS THE FINISH LINE.

(25:04):
THE BILL IS STILL IN COMMITTEES
AFTER BEING AMENDED.
POLICY MEASURES THAT DO NOT PASS
BOTH CHAMBERS WILL HAVE TO WAIT
UNTIL NEXT LEGISLATIVE SESSION.
ELISE KLINE, "NEW YORK NOW."
[ THEME MUSIC ]
>> AND AS OF EARLY FRIDAY
MORNING, THE BILL DID GET VOTED
ON IN THE SENATE.
BUT AS ELISE MENTIONED, IT NEEDS
TO MAKE IT THROUGH BOTH CHAMBERS

(25:26):
BEFORE IT CAN MAKE IT TO THE
GOVERNOR'S DESK.
THE ASSEMBLY IS STILL VOTING ON
BILLS AND IT'S UNCLEAR WHETHER
OR NOT THE BILL WOULD COME TO
THE FLOOR.
FOR MORE ON KYRA'S LAW, YOU CAN
VISIT OUR WEBSITE.
AGAIN, THAT'S AT NYNOW.ORG.
WELL, THAT DOES IT FOR THIS
EDITION OF "NEW YORK NOW."
THANK YOU FOR TUNING IN AND SEE

(25:47):
YOU NEXT WEEK.
[ THEME MUSIC ]

>>ANNOUNCER (26:35):
FUNDING FOR "NEW

YORK NOW" IS PROVIDED BY WNET.
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