S T A T E O F N E W Y O R K
________________________________________________________________________
8959
I N A S S E M B L Y
January 6, 2020
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to eligibility of domes-
tic partners for compensation from the office of victim services; to
amend a chapter of the laws of 2019 amending the executive law relat-
ing to the eligibility of domestic partners for compensation from the
crime victims' board, as proposed in legislative bills numbers S. 4958
and A. 2566, in relation to the application of certain provisions
thereof; and to repeal certain provisions of the executive law relat-
ing thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1-a of section 624 of the executive law, as
added by section 2 of a chapter of the laws of 2019 amending the execu-
tive law relating to the eligibility of domestic partners for compen-
sation from the crime victims' board, as proposed in legislative bills
numbers S. 4958 and A. 2566, is REPEALED.
§ 2. Section 621 of the executive law is amended by adding a new
subdivision 25 to read as follows:
25. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTH-
ER PERSON:
(A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP WITH THE OTHER PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR REGIS-
TERED AS THE DOMESTIC PARTNER OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY STATE, MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
(B) IS FORMALLY RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
(C) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE OTHER PERSON FOR
SUPPORT, AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE A DOMESTIC PARTNER INCLUDING BUT NOT LIMITED TO:
COMMON OWNERSHIP OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR SHARED EXPENSES; CHILDREN IN COMMON;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05037-02-0
A. 8959 2
SIGNS OF INTENT TO MARRY OR BECOME A DOMESTIC PARTNER UNDER PARAGRAPH
(A) OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL RELATION-
SHIP OF THE PERSONS.
EACH PARTY TO A DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
DOMESTIC PARTNER OF THE OTHER PARTY. "DOMESTIC PARTNER" SHALL NOT
INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
PARTNER" ALSO SHALL NOT INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR WHO IS
RELATED BY BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
§ 3. Subdivision 4 of section 626 of the executive law, as added by
section 3 of a chapter of the laws of 2019 amending the executive law
relating to the eligibility of domestic partners for compensation from
the crime victims' board, as proposed in legislative bills numbers S.
4958 and A. 2566, is REPEALED.
§ 4. Subdivision 1 of section 626 of the executive law, as amended by
chapter 104 of the laws of 2015, is amended to read as follows:
1. Out-of-pocket loss shall mean unreimbursed and unreimbursable
expenses or indebtedness reasonably incurred for medical care or other
services necessary as a result of the injury upon which such claim is
based, including such expenses incurred as a result of the exacerbation
of a pre-existing disability or condition directly resulting from the
crime or causally related to the crime. Such expenses or indebtedness
shall include the cost of counseling for the eligible spouse, DOMESTIC
PARTNER, grandparents, parents, stepparents, guardians, brothers,
sisters, stepbrothers, stepsisters, children, stepchildren or grandchil-
dren of a homicide victim, and crime victims who have sustained a
personal physical injury as the direct result of a crime and the spouse,
children or stepchildren of such physically injured victim. For the
purposes of this subdivision, the victim of a sex offense as defined in
article one hundred thirty of the penal law is presumed to have suffered
physical injury. Such counseling may be provided by local victim service
programs, where available. It shall also include the cost of residing at
or utilizing services provided by shelters for battered spouses and
children who are eligible pursuant to subdivision two of section six
hundred twenty-four of this article, and the cost of reasonable attor-
neys' fees for representation before the office and/or before the appel-
late division upon judicial review not to exceed one thousand dollars.
§ 5. Paragraph (e) of subdivision 5 of section 631 of the executive
law, as amended by section 22 of part A1 of chapter 56 of the laws of
2010, is amended to read as follows:
(e) Notwithstanding any inconsistent provision of this article, where
a police officer or firefighter, both paid and volunteer, dies from
injuries received in the line of duty as a direct result of a crime, the
office may, without regard to the financial difficulty of the claimant,
make an award for the unreimbursed counseling expenses of the eligible
spouse, DOMESTIC PARTNER, parents, brothers, sisters or children of such
victim, and/or the reasonable burial expenses incurred by the claimant.
§ 6. Section 4 of a chapter of the laws of 2019 amending the executive
law relating to the eligibility of domestic partners for compensation
from the crime victims' board, as proposed in legislative bills numbers
S. 4958 and A. 2566, is amended to read as follows:
§ 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law AND SHALL APPLY TO CLAIMS FILED ON OR AFTER
SUCH DATE.
A. 8959 3
§ 7. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2019 amending the executive law
relating to eligibility of domestic partners for compensation from the
crime victims' board, as proposed in legislative bills numbers S. 4958
and A. 2566, takes effect.