Assembly Bill A4089

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

    S. 1422--A                                            A. 4089--A

                       2009-2010 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 30, 2009
                               ___________

IN  SENATE  --  Introduced by Sens. SCHNEIDERMAN, ADAMS, BRESLIN, DUANE,
  KRUEGER, OPPENHEIMER, PARKER, SAMPSON, SAVINO, STAVISKY,  THOMPSON  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Crime  Victims,  Crime  and  Correction  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- committee discharged, bill amended,  ordered  reprinted  as
  amended and recommitted to said committee

IN  ASSEMBLY -- Introduced by M. of A. GLICK, GOTTFRIED, PERRY, SPANO --
  Multi-Sponsored by -- M. of A. CLARK, COLTON, DINOWITZ, JACOBS,  JOHN,
  O'DONNELL, SWEENEY, WEINSTEIN, WRIGHT -- read once and referred to the
  Committee  on  Governmental  Operations  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT to amend the executive law, in relation to eligibility of domes-
  tic partners for compensation from the crime victims' board

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

  Section 1. Paragraph (b) of subdivision 1 of section 624 of the execu-
tive  law,  as amended by chapter 427 of the laws of 1999, is amended to
read as follows:
  (b) a surviving spouse OR DOMESTIC PARTNER, grandparent, parent, step-
parent, child or stepchild of a victim of a crime who died as  a  direct
result of such crime;
  S  2.  Section  624  of  the  executive law is amended by adding a new
subdivision 1-a to read as follows:
  1-A. FOR THE PURPOSES OF THIS  SECTION,  "DOMESTIC  PARTNER"  MEANS  A
PERSON WHO, WITH RESPECT TO ANOTHER PERSON:
  (A) IS FORMALLY A PARTY IN A DOMESTIC PARTNERSHIP OR SIMILAR RELATION-
SHIP  WITH  THE  OTHER  PERSON, ENTERED INTO PURSUANT TO THE LAWS OF THE
UNITED STATES OR OF ANY STATE, LOCAL OR FOREIGN JURISDICTION, OR  REGIS-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
SA                                                         LBD04517-02-9
              

S. 1422--A                          2                         A. 4089--A

TERED  AS  THE  DOMESTIC  PARTNER  OF THE OTHER PERSON WITH ANY REGISTRY
MAINTAINED BY THE EMPLOYER OF EITHER PARTY OR ANY  STATE,  MUNICIPALITY,
OR FOREIGN JURISDICTION; OR
  (B)  IS  FORMALLY  RECOGNIZED AS A BENEFICIARY OR COVERED PERSON UNDER
THE OTHER PERSON'S EMPLOYMENT BENEFITS OR HEALTH INSURANCE; OR
  (C) IS DEPENDENT OR MUTUALLY INTERDEPENDENT ON THE  OTHER  PERSON  FOR
SUPPORT,  AS EVIDENCED BY THE TOTALITY OF THE CIRCUMSTANCES INDICATING A
MUTUAL INTENT TO BE A DOMESTIC PARTNER INCLUDING  BUT  NOT  LIMITED  TO:
COMMON  OWNERSHIP  OR JOINT LEASING OF REAL OR PERSONAL PROPERTY; COMMON
HOUSEHOLDING, SHARED INCOME OR  SHARED  EXPENSES;  CHILDREN  IN  COMMON;
SIGNS  OF  INTENT  TO MARRY OR BECOME A DOMESTIC PARTNER UNDER PARAGRAPH
(A) OR (B) OF THIS SUBDIVISION; OR THE LENGTH OF THE PERSONAL  RELATION-
SHIP OF THE PERSONS.
  S  3.  Section  626  of  the  executive law is amended by adding a new
subdivision 4 to read as follows:
  4. OUT-OF-POCKET LOSS SHALL ALSO INCLUDE THE COST  OF  COUNSELING  FOR
SURVIVING  FAMILY MEMBERS OF HOMICIDE VICTIMS WHO ARE OTHERWISE ELIGIBLE
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  ONE  OF  SECTION  SIX  HUNDRED
TWENTY-FOUR OF THIS ARTICLE.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.