S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    824
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced by 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00738-01-3
 A. 824                              2
              

 
 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]
   (e) 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 the court may  consider
 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"[.]; AND
   (F)  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
 (E)  OF  THIS  SUBDIVISION;  AND (II) ARE CURRENTLY LIVING TOGETHER IN A
 FAMILY-TYPE RELATIONSHIP OR FORMERLY LIVED  TOGETHER  IN  A  FAMILY-TYPE
 RELATIONSHIP.
   §  3.  Paragraphs  (d)  and (e) of subdivision 1 of section 812 of the
 family court act, paragraph (d) as amended and paragraph (e) as added by
 chapter 326 of the laws of 2008, are amended and a new paragraph (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]
   (e) 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 the court may  consider
 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"[.]; AND
   (F)  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
 (E)  OF  THIS  SUBDIVISION;  AND (II) ARE CURRENTLY LIVING TOGETHER IN A
 FAMILY-TYPE RELATIONSHIP OR FORMERLY LIVED  TOGETHER  IN  A  FAMILY-TYPE
 RELATIONSHIP.
   § 4. This act shall take effect immediately.