Assembly Bill A11007

2019-2020 Legislative Session

Relates to defining members of the same family or household for purposes of family offenses

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Archive: Last Bill Status - In Assembly 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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2019-A11007 (ACTIVE) - Details

Current Committee:
Assembly Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §459-a, Soc Serv L; amd §530.11, CP L; amd §812, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2021-2022: A5718
2023-2024: A824

2019-A11007 (ACTIVE) - Summary

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.

2019-A11007 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11007
 
                           I N  A S S E M B L Y
 
                             September 9, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of 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:
 
   Section 1. Paragraphs (f) and (g) of subdivision 2 of section 459-a of
 the  social  services law, as amended by chapter 11 of the laws of 2011,
 are amended to read as follows:
   (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)  PERSONS WHO: (I) ARE RELATED TO A CHILD IN COMMON AS DESCRIBED IN
 PARAGRAPH (D) OF THIS SUBDIVISION OR TO A PERSON DESCRIBED IN  PARAGRAPH
 (F)  OF  THIS  SUBDIVISION;  AND (II) ARE CURRENTLY LIVING TOGETHER IN A
 FAMILY-TYPE RELATIONSHIP OR FORMERLY LIVED  TOGETHER  IN  A  FAMILY-TYPE
 RELATIONSHIP; OR
   (H)  any other category of individuals deemed to be a victim of domes-
 tic violence as defined by the office of children and family services in
 regulation.
   § 2. Paragraphs (d) and (e) of subdivision 1 of section 530.11 of  the
 criminal  procedure  law,  paragraph (d) as amended and paragraph (e) as
 added by chapter 326 of the laws of 2008, are amended and  a  new  para-
 graph (f) is added to read as follows:
   (d)  persons  who  have  a child in common, regardless of whether such
 persons have been married or have lived together at any time; [and]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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