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

                                  4222

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 23, 2011
                               ___________

Introduced  by  Sens. SALAND, HASSELL-THOMPSON -- read twice and ordered
  printed, and when printed to be committed 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,  AGGRAVATED  HARASSMENT,  SEXUAL  MISCONDUCT,
FORCIBLE  TOUCHING, SEXUAL ABUSE, STALKING, CRIMINAL MISCHIEF, menacing,
reckless endangerment,  kidnapping,  assault,  attempted  assault,  [or]
attempted  murder,  CRIMINAL  OBSTRUCTION  OF  BREATHING OR BLOOD CIRCU-
LATION, OR STRANGULATION; 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03080-01-1
              

S. 4222                             2

  (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]
  (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) any other category of individuals deemed to be a victim of  domes-
tic  violence  as    defined  by the [department] OFFICE OF CHILDREN AND
FAMILY SERVICES in regulation.
  S 2. This act shall take effect immediately.