S T A T E   O F   N E W   Y O R K
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                                  3277

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 15, 2011
                               ___________

Introduced  by  Sen. 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. 3277                             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.