Relates to defining members of the same family or household for purposes of family offenses; includes persons who: are related to a child in common or to a person in an intimate relationship; and are currently living together in a family-type relationship or formerly lived together in a family-type relationship.
STATE OF NEW YORK
________________________________________________________________________
824
2023-2024 Regular Sessions
IN ASSEMBLY
January 11, 2023
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Social Services
AN ACT to amend the social services law, the criminal procedure law and
the family court act, in relation to defining members of the same
family or household for purposes of family offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (f) and (g) of subdivision 2 of section 459-a of
2 the social services law, as amended by chapter 11 of the laws of 2011,
3 are amended to read as follows:
4 (f) persons who are not related by consanguinity or affinity and who
5 are or have been in an intimate relationship regardless of whether such
6 persons have lived together at any time. Factors that may be considered
7 in determining whether a relationship is an "intimate relationship"
8 include, but are not limited to: the nature or type of relationship,
9 regardless of whether the relationship is sexual in nature; the frequen-
10 cy of interaction between the persons; and the duration of the relation-
11 ship. Neither a casual acquaintance nor ordinary fraternization between
12 two individuals in business or social contexts shall be deemed to
13 constitute an "intimate relationship"; [or]
14 (g) persons who: (i) are related to a child in common as described in
15 paragraph (d) of this subdivision or to a person described in paragraph
16 (f) of this subdivision; and (ii) are currently living together in a
17 family-type relationship or formerly lived together in a family-type
18 relationship; or
19 (h) any other category of individuals deemed to be a victim of domes-
20 tic violence as defined by the office of children and family services in
21 regulation.
22 § 2. Paragraphs (d) and (e) of subdivision 1 of section 530.11 of the
23 criminal procedure law, paragraph (d) as amended and paragraph (e) as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00738-01-3
A. 824 2
1 added by chapter 326 of the laws of 2008, are amended and a new para-
2 graph (f) is added to read as follows:
3 (d) persons who have a child in common, regardless of whether such
4 persons have been married or have lived together at any time; [and]
5 (e) persons who are not related by consanguinity or affinity and who
6 are or have been in an intimate relationship regardless of whether such
7 persons have lived together at any time. Factors the court may consider
8 in determining whether a relationship is an "intimate relationship"
9 include but are not limited to: the nature or type of relationship,
10 regardless of whether the relationship is sexual in nature; the frequen-
11 cy of interaction between the persons; and the duration of the relation-
12 ship. Neither a casual acquaintance nor ordinary fraternization between
13 two individuals in business or social contexts shall be deemed to
14 constitute an "intimate relationship"[.]; and
15 (f) persons who: (i) are related to a child in common as described in
16 paragraph (d) of this subdivision or to a person described in paragraph
17 (e) of this subdivision; and (ii) are currently living together in a
18 family-type relationship or formerly lived together in a family-type
19 relationship.
20 § 3. Paragraphs (d) and (e) of subdivision 1 of section 812 of the
21 family court act, paragraph (d) as amended and paragraph (e) as added by
22 chapter 326 of the laws of 2008, are amended and a new paragraph (f) is
23 added to read as follows:
24 (d) persons who have a child in common regardless of whether such
25 persons have been married or have lived together at any time; [and]
26 (e) persons who are not related by consanguinity or affinity and who
27 are or have been in an intimate relationship regardless of whether such
28 persons have lived together at any time. Factors the court may consider
29 in determining whether a relationship is an "intimate relationship"
30 include but are not limited to: the nature or type of relationship,
31 regardless of whether the relationship is sexual in nature; the frequen-
32 cy of interaction between the persons; and the duration of the relation-
33 ship. Neither a casual acquaintance nor ordinary fraternization between
34 two individuals in business or social contexts shall be deemed to
35 constitute an "intimate relationship"[.]; and
36 (f) persons who: (i) are related to a child in common as described in
37 paragraph (d) of this subdivision or to a person described in paragraph
38 (e) of this subdivision; and (ii) are currently living together in a
39 family-type relationship or formerly lived together in a family-type
40 relationship.
41 § 4. This act shall take effect immediately.
