The National Center for Victims of Crime e-mails a Public Policy Update to our members every two weeks.  We also post excerpts here on our Web site, as a service to crime victims and policymakers nationwide.

July 30, 2009

Contents:

1. Federal Update: 

a. Senator Durbin introduces the Human Rights Enforcement Act of 2009. 

b. Senator Leahy introduces the Personal Data Privacy and Security Act of 2009.

2. State Update:

a. New York law prohibits workplace discrimination against domestic violence victims.

b. Connecticut law toughens penalties for identity thieves who target the elderly.

c. New Hampshire enacts new human trafficking law.

3. New Resources:

a. U.S. Army study explores violent crimes on army bases. 

b. Brennan Center for Justice report assesses language services for non-native speakers in state courts. 

c. UN Report exposes prevalence of sexual violence, rape, and intimidation of women in Afghanistan. 

4. Funding Opportunity: American Humane offers grants to house pets at domestic violence and women's shelters.

1. Federal Update: 

a. Senator Durbin introduces the Human Rights Enforcement Act of 2009. 

On July 20, Senator Dick Durbin (D-IL), with cosponsor Senator Tom Coburn (R-OK), introduced the Human Rights Enforcement Act of 2009.  S. 1472 would establish a section within the Criminal Division of the U.S. Department of Justice to enforce human rights laws.  Under S. 1472, the Criminal Division will be responsible for identifying individuals suspected of violating human rights laws related to genocide, torture, war crimes, the use or recruitment of child soldiers, extrajudicial killings, and Nazi persecution.  In addition to detecting possible offenders, the Criminal Division would also be responsible for prosecuting, denaturalizing, or extraditing those who violate human rights laws.  The bill was referred to the Committee on the Judiciary for further review.

b. Senator Leahy introduces the Personal Data Privacy and Security Act of 2009.

On July 22, Senator Patrick Leahy (D-VT) introduced the Personal Data Privacy and Security Act of 2009, S. 1490, which would increase privacy protections for Americans and improve the nation's cybersecurity.  The bill was drafted in response to a Government Accountability Office report, "Agencies Continue to Report Progress, but Need to Mitigate Persistent Weekenders" (July 17, 2009).  The report found that while there have been significant improvements to cybersecurity, weaknesses in the information security controls of almost all of the nation's major federal agencies remain an issue for American consumers. S. 1490 would strengthen criminal penalties for violations of existing privacy laws and create criminal sanctions for intentionally or willfully concealing security breaches of personal data.  The bill would also require all businesses engaging in interstate commerce to create comprehensive personal data privacy and security programs that include risk assessment evaluations to identify foreseeable vulnerabilities in online systems, security systems that detect actual and attempted unauthorized access, and systems that give notice to individuals and law enforcement officers when a breach is detected.  The bill was referred to the Committee on the Judiciary for further review.

2.  State Update:

a. New York law prohibits workplace discrimination against domestic violence victims.

On July 7, New York Governor David Paterson signed into law a bill that prohibits employers from discriminating against domestic violence victims. Under the law, employers may not fire or refuse to hire a person based on that person's status as a domestic violence victim. The law also prohibits discrimination against victims in compensation, or terms, conditions, and privileges of employment.

b. Connecticut law toughens penalties for identity thieves who target the elderly.

On July 9, Connecticut Governor Jodi Rell signed a new law that charges identity thieves with higher crimes based on the victim's status as an elderly person. Connecticut law classified first-degree identity theft as obtaining money, credit, goods, services, or property in excess of $10,000; second-degree identity theft is classified as identity theft in excess of $5,000. Under the new law, identity theft of $5,000 or more against the elderly (persons 60 years of age or older) is classified as first-degree identity theft. Acts of identity theft below $5,000 against the elderly are classified as second-degree identity theft. The law also creates the Privacy Protection Guaranty and Enforcement Account, funded by mandatory fines of $500 that will be imposed on convicted identity thieves. The Commissioner of Consumer Protection will administer the account to reimburse identity theft victims for their losses. The Commissioner may also invest account funds, and interest earned from such investments will be deposited back into the account.

c. New Hampshire enacts new human trafficking law.

On July 15, New Hampshire Governor John Lynch signed into law a bill that prohibits human trafficking for the purpose of sexual or labor exploitation. The law defines human trafficking as the subjection of a person to involuntary servitude by threats, coercion, or deception. Violations of this law are classified as a Class A felony. Those convicted of committing these offenses against victims under 18 years of age are subject to a prison sentence of 10 to 30 years. The law imposes similar penalties on persons convicted of recruiting, providing, or otherwise making available persons for the purpose of trafficking. The law also requires persons convicted of human trafficking to pay restitution, which must include the value of the victim's labor and the victim's incurred economic losses. The court may also order the convicted defendant to pay compensation for medical and psychological treatment or rehabilitation, relocation or transportation expenses, and damage to property.