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Assembly Bill A10440

2009-2010 Legislative Session

Includes sexual misconduct, forcible touching, sexual abuse, stalking and criminal mischief within offenses which may constitute domestic violence

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

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Bill Amendments

2009-A10440 - Details

Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §459-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
A627

2009-A10440 - Summary

Includes sexual misconduct, forcible touching, sexual abuse, stalking and criminal mischief within the criminal offenses which may constitute domestic violence for the purposes of domestic violence prevention; eliminates the requirement that a victim of domestic violence be over the age of 16 or be married; and includes unrelated persons in an "intimate relationship" within the definition of "family or household members" for purposes of domestic violence prevention.

2009-A10440 - Sponsor Memo

2009-A10440 - Bill Text download pdf 

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

                                  10440

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Social Services

AN ACT to amend the social services law, in relation to the  definitions
  of  "victim  of  domestic violence" and "family and household members"
  for the purposes of domestic violence prevention

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

  Section  1.  Subdivisions  1  and  2  of  section  459-a of the social
services law, as added by chapter 838 of the laws of 1987,  are  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 of an act which would constitute a  violation
of the penal law, including, but not limited to acts constituting disor-
derly  conduct, harassment, SEXUAL MISCONDUCT, FORCIBLE TOUCHING, SEXUAL
ABUSE, STALKING, CRIMINAL  MISCHIEF,  menacing,  reckless  endangerment,
kidnapping, assault, attempted assault, or attempted murder; 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.
  2.  "Family or household members" mean the following individuals:
  (a)  persons related by consanguinity or affinity;
  (b)  persons legally married to one another;
  (c)  persons formerly married to one  another  regardless  of  whether
they still reside in the same household;
  (d)    persons  who  have a child in common regardless of whether such
persons are married or have lived together at any time;
  (e)  unrelated persons who are continually  or  at  regular  intervals
living  in  the same household or who have in the past continually or at
regular intervals lived in the same household; [or]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16610-01-0

2009-A10440A - Details

Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §459-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
A627

2009-A10440A - Summary

Includes sexual misconduct, forcible touching, sexual abuse, stalking and criminal mischief within the criminal offenses which may constitute domestic violence for the purposes of domestic violence prevention; eliminates the requirement that a victim of domestic violence be over the age of 16 or be married; and includes unrelated persons in an "intimate relationship" within the definition of "family or household members" for purposes of domestic violence prevention.

2009-A10440A - Sponsor Memo

2009-A10440A - Bill Text download pdf 

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

                                10440--A

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Social Services -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the social services law, in relation to the definitions
  of "victim of domestic violence" and "family  and  household  members"
  for the purposes of domestic violence prevention

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

  Section 1. Subdivisions 1  and  2  of  section  459-a  of  the  social
services  law,  as added by chapter 838 of the laws of 1987, are 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 of an act which would constitute a violation
of the penal law, including, but not limited to acts constituting disor-
derly conduct, harassment, SEXUAL MISCONDUCT, FORCIBLE TOUCHING,  SEXUAL
ABUSE,  STALKING,  CRIMINAL  MISCHIEF,  menacing, reckless endangerment,
kidnapping, assault, attempted assault, or attempted murder; 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.
  2.  "Family or household members" mean the following individuals:
  (a)  persons related by consanguinity or affinity;
  (b)  persons legally married to one another;
  (c)    persons  formerly  married to one another regardless of whether
they still reside in the same household;
  (d)  persons who have a child in common  regardless  of  whether  such
persons are married or have lived together at any time;
  (e)    unrelated  persons  who are continually or at regular intervals
living in the same household or who have in the past continually  or  at
regular intervals lived in the same household; [or]

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

multi-Sponsors

2009-A10440B (ACTIVE) - Details

Current Committee:
Senate Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §459-a, Soc Serv L
Versions Introduced in 2011-2012 Legislative Session:
A627

2009-A10440B (ACTIVE) - Summary

Includes sexual misconduct, forcible touching, sexual abuse, stalking and criminal mischief within the criminal offenses which may constitute domestic violence for the purposes of domestic violence prevention; eliminates the requirement that a victim of domestic violence be over the age of 16 or be married; and includes unrelated persons in an "intimate relationship" within the definition of "family or household members" for purposes of domestic violence prevention.

2009-A10440B (ACTIVE) - Sponsor Memo

2009-A10440B (ACTIVE) - Bill Text download pdf 

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

                                10440--B
                                                        Cal. No. 796

                          I N  A S S E M B L Y

                             March 25, 2010
                               ___________

Introduced  by  M.  of  A.  WEINSTEIN  --  read once and referred to the
  Committee on Social Services -- committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  passed by Assembly and delivered to  the  Senate,  recalled  from  the
  Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the social services law, in relation to the  definitions
  of  "victim  of  domestic violence" and "family and household members"
  for the purposes of domestic violence prevention

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

  Section  1.  Subdivisions  1  and  2  of  section  459-a of the social
services law, as added by chapter 838 of the laws of 1987,  are  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 of an act which would constitute a  violation
of the penal law, including, but not limited to acts constituting disor-
derly  conduct, harassment, SEXUAL MISCONDUCT, FORCIBLE TOUCHING, SEXUAL
ABUSE, STALKING, CRIMINAL  MISCHIEF,  menacing,  reckless  endangerment,
kidnapping, assault, attempted assault, or attempted murder; 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.
  2.  "Family or household members" mean the following individuals:
  (a)  persons related by consanguinity or affinity;
  (b)  persons legally married to one another;
  (c)  persons formerly married to one  another  regardless  of  whether
they still reside in the same household;
  (d)    persons  who  have a child in common regardless of whether such
persons are married or have lived together at any time;

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

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