S4222-2011 Actions

• Mar 30, 2011: SUBSTITUTED BY A627
• Mar 30, 2011: ORDERED TO THIRD READING CAL.291
• Mar 29, 2011: REPORTED AND COMMITTED TO RULES
• Mar 23, 2011: REFERRED TO SOCIAL SERVICES

S4222-2011 Meetings

S4222-2011 Calendars

S4222-2011 Votes

S4222-2011 Memo

BILL NUMBER:S4222

TITLE OF BILL:
An act
to amend the social services law, in relation to the definitions of
"victim of domestic violence" and "family and household members" for the
purposes of domestic violence prevention

PURPOSE OF BILL:
Section 1 amends section 459-a of the Social Services Law (SSL), to
include in the definition of victim of domestic violence acts of
sexual misconduct, forcible touching, sexual abuse, stalking,
criminal mischief, strangulation and criminal obstruction of
breathing or blood circulation. It also makes conforming changes by
updating this section of the SSL to include unrelated persons in
intimate relationships in the definition of family or household
members.

Section 2 provides for an immediate effective date.

JUSTIFICATION:
When the legislature expanded the definition of family or household
member in Ch. 326 of 2008, it did not make conforming changes to
section 459-a of the Social Services Law, which provides definitions
that control the qualifications for domestic violence services. The
definition of family or household members in the Social Services Law
should be updated to include intimate relationships similar to
Article 8 of the Family Court Act and the Criminal Procedure Law.

In addition, the Social Services Law should be updated to include as
domestic violence conduct that which constitutes a family offense in
Section 812 of the Family Court Act.

This measure is important to ensure that victims of domestic violence
are not arbitrarily precluded from services based on incomplete
definitions of family or household member and victim of domestic
violence.

LEGISLATIVE HISTORY:
2009-2010: Similar to S.7496

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

S4222-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4222
 2011-2012 Regular Sessions
 I N  SENATE
 March 23, 2011
 
 Introduced  by  Sens. SALAND, HASSELL-THOMPSON -- read twice and ordered
 printed, and when printed to be committed to the Committee  on  Social
 Services
 AN  ACT to amend the social services law, in relation to the definitions
 of "victim of domestic violence" and "family  and  household  members"
 for the purposes of domestic violence prevention
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivisions 1  and  2  of  section  459-a  of  the  social
 services  law,  as added by chapter 838 of the laws of 1987, are amended
 to read as follows:

 1.  "Victim of domestic violence" means any person  over  the  age  of
 sixteen,  any  married  person  or  any parent accompanied by his or her
 minor child or children in situations  in  which  such  person  or  such
 person's  child is a victim of an act which would constitute a violation
 of the penal law, including, but not limited to acts constituting disor
 derly conduct, harassment,  AGGRAVATED  HARASSMENT,  SEXUAL  MISCONDUCT,
 FORCIBLE  TOUCHING, SEXUAL ABUSE, STALKING, CRIMINAL MISCHIEF, menacing,
 reckless endangerment,  kidnapping,  assault,  attempted  assault,  [or]
 attempted  murder,  CRIMINAL  OBSTRUCTION  OF  BREATHING OR BLOOD CIRCU
 LATION, OR STRANGULATION; and
 (i)  such act or acts have resulted in actual  physical  or  emotional
 injury  or have created a substantial risk of physical or emotional harm
 to such person or such person's child; and
 (ii)  such act or acts are or are alleged to have been committed by  a
 family or household member.
 2.  "Family or household members" mean the following individuals:

 (a)  persons related by consanguinity or affinity;
 (b)  persons legally married to one another;
 (c)    persons  formerly  married to one another regardless of whether
 they still reside in the same household;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03080-01-1
 
       S. 4222                             2
 (d)  persons who have a child in common  regardless  of  whether  such
 persons are married or have lived together at any time;
 (e)    unrelated  persons  who are continually or at regular intervals
 living in the same household or who have in the past continually  or  at
 regular intervals lived in the same household; [or]
 (f)  PERSONS  WHO ARE NOT RELATED BY CONSANGUINITY OR AFFINITY AND WHO
 ARE OR HAVE BEEN IN AN INTIMATE RELATIONSHIP REGARDLESS OF WHETHER  SUCH
 PERSONS  HAVE LIVED TOGETHER AT ANY TIME. FACTORS THAT MAY BE CONSIDERED
 IN DETERMINING WHETHER A  RELATIONSHIP  IS  AN  "INTIMATE  RELATIONSHIP"
 INCLUDE,  BUT  ARE  NOT  LIMITED TO: THE NATURE OR TYPE OF RELATIONSHIP,
 REGARDLESS OF WHETHER THE RELATIONSHIP IS SEXUAL IN NATURE; THE FREQUEN
 CY OF INTERACTION BETWEEN THE PERSONS; AND THE DURATION OF THE RELATION
 SHIP. NEITHER A CASUAL ACQUAINTANCE NOR ORDINARY FRATERNIZATION  BETWEEN
 TWO  INDIVIDUALS  IN  BUSINESS  OR  SOCIAL  CONTEXTS  SHALL BE DEEMED TO
 CONSTITUTE AN "INTIMATE RELATIONSHIP"; OR
 (G) any other category of individuals deemed to be a victim of  domes
 tic  violence  as    defined  by the [department] OFFICE OF CHILDREN AND
 FAMILY SERVICES in regulation.
 

S 2. This act shall take effect immediately.

*By contributing or voting you agree to the Terms of Participation and Privacy Policy and verify you are over 13.

Discuss!