senate Bill S4222

Signed By Governor
2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A627 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

do you support this bill?

Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2011 signed chap.11
Apr 01, 2011 delivered to governor
Mar 30, 2011 returned to assembly
passed senate
3rd reading cal.291
substituted for s4222
Mar 30, 2011 substituted by a627
ordered to third reading cal.291
Mar 29, 2011 reported and committed to rules
Mar 23, 2011 referred to social services

Votes

view votes

Mar 30, 2011 - Rules committee Vote

S4222
22
0
committee
22
Aye
0
Nay
1
Aye with Reservations
1
Absent
0
Excused
0
Abstained
show Rules committee vote details

Mar 29, 2011 - Social Services committee Vote

S4222
6
0
committee
6
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Social Services committee vote details

Social Services Committee Vote: Mar 29, 2011

Co-Sponsors

S4222 - Bill Details

See Assembly Version of this Bill:
A627
Law Section:
Social Services Law
Laws Affected:
Amd ยง459-a, Soc Serv L
Versions Introduced in 2009-2010 Legislative Session:
S7496, A10440B

S4222 - Bill Texts

view summary

Includes aggravated harassment, sexual misconduct, forcible touching, sexual abuse, stalking, criminal mischief, criminal obstruction of breathing or blood circulation, and strangulation within the criminal offenses which may constitute domestic violence for the purposes of domestic violence prevention; and includes unrelated persons in an "intimate relationship" within the definition of "family or household members" for purposes of domestic violence prevention.

view sponsor memo
BILL NUMBER:S4222

TITLE OF BILL:
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

PURPOSE OF BILL:
Section 1 amends section 459-a of the Social Services Law (SSL), to
include in the definition of victim of domestic violence acts of
sexual misconduct, forcible touching, sexual abuse, stalking,
criminal mischief, strangulation and criminal obstruction of
breathing or blood circulation. It also makes conforming changes by
updating this section of the SSL to include unrelated persons in
intimate relationships in the definition of family or household
members.

Section 2 provides for an immediate effective date.

JUSTIFICATION:
When the legislature expanded the definition of family or household
member in Ch. 326 of 2008, it did not make conforming changes to
section 459-a of the Social Services Law, which provides definitions
that control the qualifications for domestic violence services. The
definition of family or household members in the Social Services Law
should be updated to include intimate relationships similar to
Article 8 of the Family Court Act and the Criminal Procedure Law.

In addition, the Social Services Law should be updated to include as
domestic violence conduct that which constitutes a family offense in
Section 812 of the Family Court Act.

This measure is important to ensure that victims of domestic violence
are not arbitrarily precluded from services based on incomplete
definitions of family or household member and victim of domestic
violence.

LEGISLATIVE HISTORY:
2009-2010: Similar to S.7496

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.

EFFECTIVE DATE:
Immediately.

view full text
download pdf
                    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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.