The “Nikol De Riso Violent Offender Tracker and Identifier Act”, or “Nikol’s Law”, is an initiative for change governing violent offender registration, identification and notification in the United State including domestic violence, child abuse, and tracking orders of protection.
The initiative comes after Nikol De Riso was a victim of horrific, violent domestic violence. During the criminal prosecution phase of the trial, it was discovered Nikol’s attacker had a lengthy violent history towards women. His history was not disclosed on a background check because a lot of his violence occurred while he was in the military. The violence left Nikol permanently disabled with Traumatic Brain Injury, hearing impairment, seizure disorder, PTSD, panic disorder, cognitive impairment, neck and back injury and more. Her attacker received one day in jail, 25-hours community service, and court fines that he never has to pay. He was sent to Veterans Treatment Court where he was given special privilege.
He was eventually unsuccessfully discharged from Veterans Treatment Court and took a plea deal for a felony for one of the multiple attacks; the rest were dropped by the Court. However, if background check is ran online, most of the background checks online do not show his conviction.As well, most employment and housing background background checks do not show his convictions. With the Act, the felony would be sent to the FBI to a nationwide public database for anyone to search. Future employers. Future mates. Future landlords. This Act could prevent another female from becoming a victim.
Nikol is not alone. There are millions of Nikols in the United States. Even nine-minutes another Nikol is created.
Modeled after the existing “Pam Lyncher Sexual Offender Tracking and Identifier Act”, Nikol De Riso used the words and model to make this Act. Thus, “Nikol’s law” refers to both registration and community notification of violent offenders. The law classifies and tracks levels of violent offenders according to certain listed offenses. You can read the full Act at Nikolslaw.com .
As well, it holds the sales of weapons by weapon owners accountable. It would require the weapons owner to do a check in the database and attest they have done a check and that the buyer is not in the database. If the person is in the database previous to the sale of the weapon, the Act lays out the punishment. If there is an injury, the seller shall be held as an accessory to the crime with a minimum mandatory sentence.
WHY THIS BILL SHOULD BE PASSED?
- According to the Bureau of Justice Statistics, 76.3% of violent offenders reoffend in the first year after their first arrest. Violent crimes account for majority of the crimes in the prison population.
- Of the mass shootings that have occurred in the last five-years, one-third have had domestic violence in their past.
- 55.5-percent of work place violence offenders have a violent offense in the background.
- Every nine-minutes a woman is abused. 45—percent of women who are raped, the offender is someone they know.
- One in five teen females report being a victim of dating violence.
- Every year, 10 million children are exposed to domestic violence.
- Every day, five children die as a result of child abuse. Four from abuse and one from neglect.
- 90-percent of the children abused are abused in their home and 68-percent are abused by a family member.
- Statistics show in 2012, 82.2-percent of child abusers were between 18-44 and of them 36.6% were between 25-34.
- 2.9 million cases of child abuse are reported every year in the United States.
- Children who were abused are more at risk for committing an act of violence than a child who was not abused.
- Domestic Violence is the single greatest injury to women.
- In a survey completed of 517 domestic violence cases, less than 2-percent received jail time. The average domestic violence offender never receives any incarceration time.
- A woman is 75-percent more likely to be murdered in the first two-weeks after leaving an abusive partner.
- 19-% of domestic violence cases involve a gun. The presence of a gun increases the risk of homicide by 500-percent.
- 35.7-percent of gun sales are sold through private sales.
- One in five weapons are sold are gun shows. Some weapons sold at guns shows are sold by FFL deals with instant background checks and some with private sales.
There is more. Just listen to the disturbing statistics.
DO YOU WANT ANY OF THESE PEOPLE DATING YOUR DAUGHTER? YOUR SISTER? YOUR MOTHER? YOUR BEST FRIEND? WOULD YOU WANT THIS PERSON WORKING NEXT TO YOU AT WORK?
DO YOU WANT ANY OF THESE PEOPLE WATCHING YOUR CHILD? TEACHING YOUR CHILD AT SUNDAY SCHOOL? ATTENDING YOUR CHILD’S SCOUT CAMPING WEEKEND?
The initiative is in hope to create a safe, more secure United States and lessen the amount of violent crimes including domestic violence, child abuse, dating violence, and work place violence. The initiative includes a subsection that addresses the sale of firearms to individuals on the registry. The initiative further hopes to lessen the gun related intimate crimes.
The contents of the registry shall be public records and the public shall have the right to access them. The general public must know the name of the individual and/or area they are searching.
Like the sex offender registry, a person could search the database for the offenders name. This would allow the person to make their own decision to date, employ, rent to, or other wise the person they searched.
I do foresee people will argue this is unconstitutional. I argue the constitutionality of it based upon precedent ruled from the United States Supreme Court.
The registry is a unified method of safety designed to protect and serve as a method of public safety. This is not considered a punishment. Yet it is considered ex post facto. (Smith v. Doe, 538 U.S. 84 (2003)).
Based on the rate of recidivism of violent offenders (e.g. 76.3% reoffend in the first year after first arrest), Justice Kennedy stated in Smith v. Doe that “…offenders [are[ frightening and high.” (McKune v. Lile, 536 U.S. 24, 34 (2002))
In 2003, the U.S. Supreme Court affirmed public disclosure of sex offender information was not unconstitutional (Connecticut Dept. of Public Safety v. Doe (2002)) based on it does not violate procedural due process. The registry does not deprive the offender of “life, liberty or property”. Because the registry is modeled exactly as sex offender identification and tracker registration, the same principles are applicable.
HOW ELSE YOU CAN HELP
Before you pass this Act up, please go read the full act and come back and sign this Act. Get involved. share it. Tweet it with hash tag #NikolsLaw. Like us on Facebook. Call or write your Congress Person with this link and the link to our Act (find your Representative here).