Assembly Bill A3843

Signed By Governor
2009-2010 Legislative Session

Prohibits compelling domestic abuse victims to contact their abusers

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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Bill Amendments

2009-A3843 - Details

2009-A3843 - Summary

Prohibits the state, its political subdivisions, public authorities, and employees and agents thereof from compelling domestic abuse victims to contact their abusers, directly for any reason; requires such political entity to provide a confidential intermediary.

2009-A3843 - Bill Text download pdf 

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

                                  3843

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. ROSENTHAL, WRIGHT, ABBATE, HOOPER, GREENE, AUBRY,
  KELLNER,  JAFFEE,  PAULIN  --  Multi-Sponsored  by -- M. of A. ALFANO,
  BOYLAND, BRENNAN, GABRYSZAK, GOTTFRIED,  JOHN,  PHEFFER,  SCARBOROUGH,
  WEINSTEIN  --  read  once  and  referred  to  the  Committee on Social
  Services

AN ACT to amend the social services law, in relation to prohibiting  the
  condition  of  benefits  and  services received by victims of domestic
  abuse on the cooperation of the perpetrator of such abuse

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

  Section  1. Section 459-g of the social services law, as renumbered by
chapter 169 of the laws of 1994, is renumbered section 459-h and  a  new
section 459-g is added to read as follows:
  S  459-G.  COOPERATION  OF  AN  ABUSER  NOT REQUIRED AS A CONDITION OF
ELIGIBILITY FOR BENEFITS OR SERVICES.  1. NEITHER THE STATE, A POLITICAL
SUBDIVISION OF THE STATE, A PUBLIC AUTHORITY, NOR ANY EMPLOYEE OR  AGENT
THEREOF  SHALL, IN ANY WAY, CONDITION ELIGIBILITY OR RECEIPT OF SERVICES
OR BENEFITS BY A VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN  THIS  ARTI-
CLE,  BY REQUIRING THE VICTIM TO CONTACT THE PERSON WHO PERPETRATED SUCH
DOMESTIC VIOLENCE OR BY REQUIRING THE PERSON WHO PERPETRATED SUCH DOMES-
TIC VIOLENCE TO COMPLETE ANY FORMS, PROVIDE ANY INFORMATION,  APPEAR  IN
PERSON,  OR  COOPERATE  IN  ANY  OTHER MANNER AS A PART OF SUCH VICTIM'S
APPLICATION FOR OR PROCESS OF CERTIFICATION FOR CONTINUED RECEIPT OF ANY
SERVICES OR BENEFITS IN THIS STATE.
  2. ALTHOUGH SUCH INFORMATION OR COOPERATION SHALL NOT BE REQUIRED AS A
CONDITION OF ELIGIBILITY FOR OR RECEIPT OF SUCH SERVICES OR BENEFITS, IN
THE EVENT THE GOVERNMENTAL ENTITY, EMPLOYEE  OR  AGENT  SEEKS  ANY  SUCH
INFORMATION  OR  COOPERATION,  SUCH  ENTITY, EMPLOYEE OR AGENT SHALL, IF
INFORMED CONSENT  IS  GIVEN  IN  WRITING  BY  SUCH  VICTIM  OF  DOMESTIC
VIOLENCE,  PROVIDE AN INTERMEDIARY TO MAKE SUCH CONTACT IN A MANNER THAT
PROTECTS THE  PRIVACY,  CONFIDENTIALITY  AND  CURRENT  LOCATION  OF  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00293-02-9

2009-A3843A (ACTIVE) - Details

2009-A3843A (ACTIVE) - Summary

Prohibits the state, its political subdivisions, public authorities, and employees and agents thereof from compelling domestic abuse victims to contact their abusers, directly for any reason; requires such political entity to provide a confidential intermediary.

2009-A3843A (ACTIVE) - Bill Text download pdf 

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

                                 3843--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. ROSENTHAL, WRIGHT, ABBATE, HOOPER, GREENE, AUBRY,
  KELLNER,  JAFFEE,  PAULIN,  MILLMAN  -- Multi-Sponsored by -- M. of A.
  ALFANO, BOYLAND, BRENNAN, GABRYSZAK, GOTTFRIED, JOHN,  PHEFFER,  SCAR-
  BOROUGH,  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 prohibiting the
  condition of benefits and services received  by  victims  of  domestic
  abuse on the cooperation of the perpetrator of such abuse

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

  Section 1. Section 459-g of the social services law, as renumbered  by
chapter  169  of the laws of 1994, is renumbered section 459-h and a new
section 459-g is added to read as follows:
  S 459-G. COOPERATION OF AN ABUSER  NOT  REQUIRED  AS  A  CONDITION  OF
ELIGIBILITY FOR BENEFITS OR SERVICES.  1. NEITHER THE STATE, A POLITICAL
SUBDIVISION  OF THE STATE, A PUBLIC AUTHORITY, NOR ANY EMPLOYEE OR AGENT
THEREOF SHALL, IN ANY WAY, CONDITION ELIGIBILITY OR RECEIPT OF  SERVICES
OR  BENEFITS  BY A VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN THIS ARTI-
CLE, BY REQUIRING THE VICTIM TO CONTACT THE PERSON WHO PERPETRATED  SUCH
DOMESTIC VIOLENCE OR BY REQUIRING THE PERSON WHO PERPETRATED SUCH DOMES-
TIC  VIOLENCE  TO COMPLETE ANY FORMS, PROVIDE ANY INFORMATION, APPEAR IN
PERSON, OR COOPERATE IN ANY OTHER MANNER AS  A  PART  OF  SUCH  VICTIM'S
APPLICATION FOR OR PROCESS OF CERTIFICATION FOR CONTINUED RECEIPT OF ANY
SERVICES OR BENEFITS IN THIS STATE.
  2. ALTHOUGH SUCH INFORMATION OR COOPERATION SHALL NOT BE REQUIRED AS A
CONDITION OF ELIGIBILITY FOR OR RECEIPT OF SUCH SERVICES OR BENEFITS, IN
THE  EVENT  THE  GOVERNMENTAL  ENTITY,  EMPLOYEE OR AGENT SEEKS ANY SUCH
INFORMATION OR COOPERATION, SUCH ENTITY, EMPLOYEE  OR  AGENT  SHALL,  IF
INFORMED  CONSENT  IS  GIVEN  IN  WRITING  BY  SUCH  VICTIM  OF DOMESTIC
VIOLENCE, PROVIDE AN INTERMEDIARY TO MAKE SUCH CONTACT IN A MANNER  THAT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00293-03-9

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