NY State Senate Bill 2019-S8460

Senate Bill S8460

2019-2020 Legislative Session

Relates to the provision of emergency shelter for victims and alleged victims of domestic violence during certain declarations of a state disaster emergency

download bill text pdf

Archive: Last Bill Status - In Senate Committee Social Services Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2020	referred to social services

2019-S8460 (ACTIVE) - Details

See Assembly Version of this Bill:: A10482
Current Committee:: Senate Social Services
Law Section:: Social Services Law
Laws Affected:: Amd §§131-u & 459-a, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2021-2022: S1612, A4246
2023-2024: S5848

2019-S8460 (ACTIVE) - Summary

Requires certain safety standards for emergency shelter for victims and alleged victims of domestic violence during a declaration of a state disaster emergency for a disease outbreak; requires accommodations in a hotel or motel where a residential facility does not meet safety standards; requires full cost to be assumed by the state.

2019-S8460 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8460

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the social services law, in relation to the provision of
emergency shelter for victims and alleged victims of domestic violence
during a declaration of a state disaster emergency

 
PURPOSE OR GENERAL IDEA OF BILL:

To provide appropriate housing, services, and testing to victims of
domestic violence during the pendency of a declared state disaster emer-
gency involving a disease outbreak

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 131-u of the social services law by
renumbering and adding a new subdivision 2 to require social service
districts to provide emergency shelter and services to victims of domes-
tic violence that meet certain requirements during the pendency of a

declared state disaster emergency that involves a disease outbreak, and
to provide access to testing for any individuals receiving services; and
amends the renumbered subdivision 3 to provide that the state shall
assume the full cost of shelter and services during such declared state
disaster emergency.

Section 2 amends subdivision i of section 459-a of the social services
law to include within the definition of "victim of domestic violence" an
individual who has reported an act which would constitute a violation of
the penal law and it reasonably appears to the residential program or
social services district that the person is a victim of domestic
violence.

Section 3 is the effective date.

 
JUSTIFICATION:

The United Nations Human Rights Special Procedures COVID-19 Guidance
Notes pressed governments to take urgent measures, in keeping with their
human rights obligations, to ensure that women, children, and youth who
might need to leave a household due to violence be provided with
adequate alternative accommodations that ensure safety, services, and
testing for COVID-l9.

Unfortunately, we know too well what happens when we fan to do so.
Requiring local social service districts to provide such accommodations
and services during the pendancy of any declared disaster emergency that
involves a disease outbreak, and requiring the state to assume the full
cost of shelter and services during such emergency, would be in keeping
with our human rights obligations toward some of our must vulnerable
residents.

Broadening the definition of "victim of domestic violence" to include an
individual who has reported an act which would constitute a violation of
the penal law, where it reasonably appears to the residential program or
social services district that such persons is a victim of domestic
violence, would remove unnecessary barriers to housing and services.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
Immediately.

2019-S8460 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8460
 
                             I N  S E N A T E
 
                               June 3, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 provision of
   emergency shelter for victims and alleged victims of domestic violence
   during a declaration of a state disaster emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 131-u of the social services law,
 as amended by section 3 of part J of chapter 56 of the laws of 2019,  is
 amended to read as follows:
   2. NOTWITHSTANDING ANY OTHER LAW OR REGULATION TO THE CONTRARY, DURING
 THE  PENDENCY  OF A DECLARATION OF A STATE DISASTER EMERGENCY AS DEFINED
 BY SECTION TWENTY OF THE EXECUTIVE LAW THAT INVOLVES A DISEASE OUTBREAK,
 LOCAL SOCIAL SERVICES DISTRICTS SHALL BE REQUIRED TO  PROVIDE  EMERGENCY
 SHELTER AND SERVICES TO VICTIMS AND ALLEGED VICTIMS OF DOMESTIC VIOLENCE
 AS  DEFINED  IN  ARTICLE  SIX-A OF THIS CHAPTER.   SUCH SHELTER SHALL BE
 PROVIDED IN A RESIDENTIAL  PROGRAM  FOR  VICTIMS  OF  DOMESTIC  VIOLENCE
 UNLESS THE RESIDENTIAL PROGRAM CANNOT ENSURE THAT EACH ALLEGED VICTIM OR
 VICTIM  AND  THEIR  MINOR CHILDREN, IF APPLICABLE, WILL BE PROVIDED WITH
 SEPARATE AND PRIVATE SLEEPING AND RESTROOM ACCOMMODATIONS THAT MEET  ANY
 SAFETY  STANDARDS  RECOMMENDED  BY  THE  DEPARTMENT OF HEALTH DURING THE
 STATE DISASTER EMERGENCY. IN THE EVENT THE  RESIDENTIAL  PROGRAM  CANNOT
 MEET  SUCH  STANDARDS,  THE LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE
 THE ACCOMMODATIONS IN A HOTEL OR MOTEL. IN ADDITION TO PROVIDING SHELTER
 AND RESIDENTIAL SERVICES, THE LOCAL SOCIAL SERVICES  DISTRICT  SHALL  BE
 RESPONSIBLE  FOR PROVIDING ACCESS TO TESTING FOR ANY INDIVIDUALS RECEIV-
 ING SERVICES.
   3. The department shall annually establish, subject to the approval of
 the director of the budget, a daily rate of reimbursement for each resi-
 dential program for victims of domestic violence, as defined in  article
 six-A  of this chapter, certified by the department which provides emer-
 gency shelter and services to persons eligible for such emergency  shel-
 ter  and  services  pursuant to this section. A social services district
 financially responsible for a victim of domestic  violence  shall  reim-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16445-01-0

 S. 8460                             2
 
 burse  a  residential  program  for victims of domestic violence for the
 costs of emergency shelter and services provided to such victim  at  the
 daily  reimbursement  rate  established by the department reduced by any
 other reimbursement available for such costs. PROVIDED HOWEVER, IF EMER-
 GENCY  SHELTER  AND SERVICES ARE PROVIDED IN ACCORDANCE WITH SUBDIVISION
 TWO OF THIS SECTION, THE STATE SHALL ASSUME THE FULL COST OF THE SHELTER
 AND SERVICES DURING THE PENDENCY OF THE STATE DISASTER EMERGENCY.
   § 2. Subdivision 1 of section 459-a of the  social  services  law,  as
 amended  by  chapter  153  of  the  laws  of 2019, is 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 OR AN ALLEGED VICTIM of an act which would
 constitute a violation of the penal law, including, but not  limited  to
 acts constituting disorderly conduct, harassment, aggravated harassment,
 sexual  misconduct,  forcible touching, sexual abuse, stalking, criminal
 mischief,  menacing,   reckless   endangerment,   kidnapping,   assault,
 attempted  assault,  attempted murder, criminal obstruction of breathing
 or blood circulation, strangulation, identity theft,  grand  larceny  or
 coercion; 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.
   A PERSON IS AN ALLEGED VICTIM IF THEY HAVE REPORTED AN ACT WHICH WOULD
 CONSTITUTE A VIOLATION OF THE PENAL LAW AND IT REASONABLY APPEARS TO THE
 RESIDENTIAL PROGRAM OR LOCAL SOCIAL SERVICES DISTRICT THAT THE PERSON IS
 A VICTIM OF DOMESTIC VIOLENCE.
   § 3. This act shall take effect immediately.

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