03/16/2010 07:03 PM

Working to change domestic violence laws

By: Mike Whittemore

Current laws of domestic violence are being reviewed by lawmakers and now a new bill in the state legislature is in the works that would change a law that many people think should have been addressed years ago. Capital Tonight's Mike Whittemore has the details.

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NEW YORK STATE – "I felt the blood for some point in my head I couldn't breathe and I lost consciousness.

Orchid Ghebryal says she was abused by her husband more than a decade ago and still has trouble holding back tears when thinking about how he strangled her until she passed out.

"I woke up in the hospital. I heard one of our neighbors called the police because there was screaming. I woke up and saw him and he was like threatening me, if I opened my mouth there would be consequences," Ghebryal said.

A native of Egypt, Ghebryal says she was surprised the law in New York State was so lax on abuse by strangulation. Under current law, her husband was only charged with harassment, a charge that comes with a maximum sentence of 15 days in jail.

"He can leave fingerprints, he can make her fear for her life, he can make her think she's going to die, but when there are only finger prints on the neck after the choking, it is nothing more than a simple harassment," said Warren County District Attorney Kathleen Hogan.

However, a new bill introduced in the state legislature Tuesday would strengthen the current law, making strangulation to the point of unconsciousness a misdemeanor or felony.

"Our approach to domestic violence has to be an approach that says, 'hands off," said Senator Eric Schneiderman.

Schneiderman says this legislation has gained support in part to recent high-profile cases of domestic violence, including one involving a top aide to the governor and former senator Hiram Monserrate.

"The work we had to do when we had to delve into the Senator Monserrate situation and the fact that all of the members of the Senate were confronted with a lot of facts that had not been presented in a personalized and graphic way, has enabled us motivate people to move to areas they may not have moved before," Schneiderman said.

Other measures of the bill includes more severe penalties for those who wrongfully interfere with an order of protection and would also require a person issued an order of protection to surrender any firearms they may have in their possession. Schneiderman is hoping the bills will pass both houses of the legislature by the end of the year.

So far, the State Assembly has passed a bill that requires a person issued an order of protection to surrender any firearms. The Senate has yet to address the legislation.