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A09120 Summary:

BILL NOA09120
 
SAME ASNo Same As
 
SPONSORRajkumar
 
COSPNSR
 
MLTSPNSR
 
Add §577, Exec L
 
Establishes a statewide legal services program for income-eligible domestic violence survivors; requires reporting on the results of such program.
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A09120 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9120
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 26, 2025
                                       ___________
 
        Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT  to amend the executive law, in relation to providing free legal
          counsel to domestic violence survivors
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new section 577 to
     2  read as follows:
     3    §  577.  Civil  legal  services  program  for income-eligible domestic
     4  violence survivors. 1. Definitions. For the purposes  of  this  section,
     5  the following terms shall have the following meanings:
     6    (a)  "Brief  legal  assistance"  means individualized legal assistance
     7  provided in one or more single consultations by a  designated  organiza-
     8  tion to an income-eligible domestic violence survivor in connection with
     9  a divorce proceeding.
    10    (b)  "Designated  organization" means a not-for-profit organization or
    11  association contracted to provide full  legal  representation  or  brief
    12  legal assistance pursuant to the program established by this section.
    13    (c)  "Director"  means  the  executive  director of the office for the
    14  prevention of domestic violence.
    15    (d) "Divorce proceeding" means  any  action  for  divorce  or  special
    16  action  as  described  in  section  one  hundred seventy and one hundred
    17  seventy-a of the domestic relations law.
    18    (e) "Full legal representation"  means  ongoing  legal  representation
    19  provided  by  a  designated  organization to an income-eligible domestic
    20  violence survivor. Such term includes all legal  advice,  advocacy,  and
    21  assistance associated with such representation.
    22    (f)  "Income-eligible domestic violence survivor" means any individual
    23  who is covered by the term "victim of domestic violence" as such term is
    24  defined in section four hundred fifty-nine-a of the social services law,
    25  who is a resident of the state of New York aged 18 or older,  and  whose
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13758-01-5

        A. 9120                             2
 
     1  annual  gross  household  income  is  not in excess of two hundred fifty
     2  percent of the federal poverty guidelines as updated periodically in the
     3  Federal Register by the United States Department  of  Health  and  Human
     4  Services under the authority of 42 U.S.C. § 9902(2).
     5    (g) "Program" means the civil legal services program for income-eligi-
     6  ble domestic violence survivors established by this section.
     7    2. Program. (a) Subject to appropriation, the coordinator shall imple-
     8  ment  a  program  to  provide  full legal representation and brief legal
     9  assistance for income-eligible domestic violence  survivors  in  divorce
    10  proceedings in the state.
    11    (b)  Any  full  legal representation commenced pursuant to the program
    12  shall continue until the final disposition of the divorce proceeding.
    13    (c) Full legal representation or brief legal assistance performed by a
    14  designated organization pursuant to  the  program  shall  not  supplant,
    15  replace,  or  satisfy any obligations or responsibilities of such desig-
    16  nated organization pursuant to any other program,  contract,  or  agree-
    17  ment.
    18    3. Training. The director shall work with relevant agencies to provide
    19  training  and resources to designated organizations on topics related to
    20  domestic and gender-based violence, including training on economic abuse
    21  and trauma-informed engagement practices.
    22    4. Outreach. The director shall create written materials that  contain
    23  information  about  the  program,  any  interpretation services that are
    24  available in divorce proceedings, and any other free or  low-cost  legal
    25  services  or  resources  available for income-eligible domestic violence
    26  survivors in divorce proceedings. Such written materials shall be posted
    27  online and made available at  relevant  offices  as  determined  by  the
    28  director.
    29    5.  Report.  No  later  than one year after the effective date of this
    30  section, and annually thereafter,  the  director  shall  submit  to  the
    31  governor,  the  temporary president of the senate and the speaker of the
    32  assembly a report on the program. Such report shall  include,  but  need
    33  not be limited to, the following for the preceding year:
    34    (a)  the  total  number of income-eligible domestic violence survivors
    35  who requested to  receive  full  legal  representation  or  brief  legal
    36  assistance through the program;
    37    (b)  the  total  number of income-eligible domestic violence survivors
    38  who requested to  receive  full  legal  representation  or  brief  legal
    39  assistance  through  the  program  and  did  not receive such full legal
    40  representation or such brief legal assistance, and the reasons why;
    41    (c) the total number of income-eligible  domestic  violence  survivors
    42  who  have  received  full legal representation through the program whose
    43  divorce proceedings have been concluded,  including  whether  each  such
    44  divorce proceeding was contested or uncontested, and the total amount of
    45  fees paid for each such full legal representation;
    46    (d)  the  total  number of income-eligible domestic violence survivors
    47  who have received full legal representation through  the  program  whose
    48  divorce  proceedings  are  ongoing,  including whether each such divorce
    49  proceeding was contested or uncontested, and the total  amount  of  fees
    50  paid for each such full legal representation;
    51    (e) the total amount of fees paid to designated organizations;
    52    (f) any challenges in implementing or operating the program; and
    53    (g) the total estimated amount of funding required for the program for
    54  the upcoming year.
    55    6.  Private  right  of action. Nothing in this section or the adminis-
    56  tration or application thereof shall be construed to  create  a  private

        A. 9120                             3
 
     1  right  of  action  on  the  part of any person or entity against agency,
     2  official, or employee thereof.
     3    7.  Exemption.  The  director  shall  have the authority to exempt any
     4  city, town or village from the provisions of this section if the  direc-
     5  tor determines such city, town or village has a comparable program.
     6    § 2. This act shall take effect on the one hundred eightieth day after
     7  it  shall have become a law. Effective immediately, the addition, amend-
     8  ment and/or repeal of any rule or regulation necessary for the implemen-
     9  tation of this act on its effective date are authorized to be  made  and
    10  completed on or before such effective date.
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