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A00627 Summary:

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A00627 Floor Votes:

A00627 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           627
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred 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:
 
     1    Section  1.  Subdivisions  1  and  2  of  section  459-a of the social
     2  services law, as added by chapter 838 of the laws of 1987,  are  amended
     3  to read as follows:
     4    1.    "Victim  of  domestic violence" means any person over the age of
     5  sixteen, any married person or any parent  accompanied  by  his  or  her
     6  minor  child  or  children  in  situations  in which such person or such
     7  person's child is a victim of an act which would constitute a  violation
     8  of the penal law, including, but not limited to acts constituting disor-
     9  derly  conduct,  harassment,  aggravated  harassment, sexual misconduct,
    10  forcible touching, sexual abuse, stalking, criminal mischief,  menacing,

    11  reckless  endangerment,  kidnapping,  assault,  attempted  assault, [or]
    12  attempted murder, criminal obstruction  of  breathing  or  blood  circu-
    13  lation, or strangulation; and
    14    (i)    such  act or acts have resulted in actual physical or emotional
    15  injury or have created a substantial risk of physical or emotional  harm
    16  to such person or such person's child; and
    17    (ii)   such act or acts are or are alleged to have been committed by a
    18  family or household member.
    19    2.  "Family or household members" mean the following individuals:
    20    (a)  persons related by consanguinity or affinity;
    21    (b)  persons legally married to one another;
    22    (c)  persons formerly married to one  another  regardless  of  whether
    23  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
        A. 627                              2
 
     1    (d)    persons  who  have a child in common regardless of whether such
     2  persons are married or have lived together at any time;
     3    (e)    unrelated  persons  who are continually or at regular intervals
     4  living in the same household or who have in the past continually  or  at
     5  regular intervals lived in the same household; [or]
     6    (f)  persons  who are not related by consanguinity or affinity and who
     7  are or have been in an intimate relationship regardless of whether  such
     8  persons  have lived together at any time. Factors that may be considered

     9  in determining whether a  relationship  is  an  "intimate  relationship"
    10  include,  but  are  not  limited to: the nature or type of relationship,
    11  regardless of whether the relationship is sexual in nature; the frequen-
    12  cy of interaction between the persons; and the duration of the relation-
    13  ship. Neither a casual acquaintance nor ordinary fraternization  between
    14  two  individuals  in  business  or  social  contexts  shall be deemed to
    15  constitute an "intimate relationship"; or
    16    (g) any other category of individuals deemed to be a victim of  domes-
    17  tic  violence  as    defined  by the [department] office of children and
    18  family services in regulation.
    19    § 2. This act shall take effect immediately.