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

                                 326--A
                                                         Cal. No. 26

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A.  ROZIC,  ROSENTHAL, ABINANTI, OTIS, WALKER --
  Multi-Sponsored by -- M. of A. KEARNS, PERRY -- read once and referred
  to the Committee on Consumer Affairs and Protection -- advanced  to  a
  third  reading,  amended and ordered reprinted, retaining its place on
  the order of third reading

AN ACT to amend the general business law, in relation to  requiring  the
  release  of individuals from shared or family wireless telephone plans
  in instances of domestic violence

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

  Section 1. The general business law is amended by adding a new section
399-cccc to read as follows:
  S  399-CCCC.  WIRELESS  TELEPHONE SERVICES; DOMESTIC VIOLENCE VICTIMS.
EVERY PROVIDER OF WIRELESS TELEPHONE SERVICE, AS  DEFINED  IN  PARAGRAPH
(B)  OF  SUBDIVISION  ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THE
VEHICLE AND TRAFFIC LAW, SHALL ALLOW A PERSON  WHO  IS  UNDER  A  SHARED
PHONE  PLAN  CONTRACT WITH SUCH PROVIDER AND WHO IS A VICTIM OF DOMESTIC
VIOLENCE INVOLVING ANOTHER PERSON UNDER SUCH SHARED PHONE PLAN CONTRACT,
TO OPT-OUT OF SUCH CONTRACT WITHOUT CHARGE WHEN SUCH PERSON REQUESTS  TO
OPT-OUT  IN  WRITING AND PROVIDES TO SUCH PROVIDER OF WIRELESS TELEPHONE
SERVICE ANY OF THE FOLLOWING  DOCUMENTS,  WHICH  SHALL  RELATE  TO  SUCH
DOMESTIC  VIOLENCE,  WITHIN SIX MONTHS OF THE DOCUMENT'S ISSUANCE: (A) A
VALID DOMESTIC VIOLENCE INCIDENT REPORT FORM, AS SUCH TERM IS DEFINED IN
SUBDIVISION FIFTEEN OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE  EXECU-
TIVE  LAW;  (B)  A VALID POLICE REPORT; (C) A VALID ORDER OF PROTECTION;
(D) A SIGNED AFFIDAVIT FROM A LICENSED MEDICAL  OR  MENTAL  HEALTH  CARE
PROVIDER,  EMPLOYEE  OF  A  COURT  ACTING WITHIN THE SCOPE OF HIS OR HER
EMPLOYMENT, SOCIAL WORKER,  A  RAPE  CRISIS  COUNSELOR,  AS  DEFINED  IN
SECTION  FORTY-FIVE  HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES, OR
ADVOCATE ACTING ON BEHALF OF AN AGENCY THAT  ASSISTS  DOMESTIC  VIOLENCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD01734-03-6

A. 326--A                           2

VICTIMS. A CLAIM FOR OPTING-OUT OF SUCH CONTRACT WITHOUT CHARGE SHALL BE
MADE  IN  GOOD FAITH. SUCH PROVIDER SHALL WAIVE THE OTHERWISE APPLICABLE
CHARGES FOR SUCH PERSON REQUESTING TO  OPT-OUT  OF  SUCH  CONTRACT.  ANY
PERSON REQUESTING AN ACCOMMODATION PURSUANT TO THIS SECTION MAY REQUEST,
AND  IF  REQUESTED  SHALL  BE  PROVIDED AT NO COST TO SUCH PERSON, A NEW
TELEPHONE NUMBER WITHIN TWENTY-FOUR HOURS  FROM  THE  REQUEST  FOR  SUCH
ACCOMMODATION.
  S  2.  This  act  shall  take  effect  immediately  and shall apply to
contracts entered into on and after such effective date.