Assembly Bill A946A

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  946--A
                                                          Cal. No. 65
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M. of A. ROZIC, ABBATE, ABINANTI, BLAKE, BRINDISI, BRON-
   SON,  COLTON,  HARRIS,  JONES,  OTIS,  RAIA,  RICHARDSON,   RODRIGUEZ,
   L. ROSENTHAL,  SIMON, WALKER, SEPULVEDA, CASTORINA, D'URSO, SEAWRIGHT,
   NIOU, PHEFFER AMATO, BICHOTTE -- Multi-Sponsored by -- M. of A. GALEF,
   McDONOUGH, PERRY, THIELE, WEINSTEIN -- read once and referred  to  the
   Committee on Corporations, Authorities and Commissions -- ordered to a
   third  reading,  amended and ordered reprinted, retaining its place on
   the order of third reading
 
 AN ACT to amend the general business law, in relation to  requiring  the
   release  of individuals from shared or family wireless telephone plans
   in instances of domestic violence
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 399-cccc to read as follows:
   §  399-CCCC.  WIRELESS  TELEPHONE SERVICES; DOMESTIC VIOLENCE VICTIMS.
 EVERY PROVIDER OF WIRELESS TELEPHONE SERVICE, AS  DEFINED  IN  PARAGRAPH
 (B)  OF  SUBDIVISION  ONE OF SECTION TWELVE HUNDRED TWENTY-FIVE-C OF THE
 VEHICLE AND TRAFFIC LAW, SHALL ALLOW A PERSON  WHO  IS  UNDER  A  SHARED
 PHONE  PLAN  CONTRACT WITH SUCH PROVIDER AND WHO IS A VICTIM OF DOMESTIC
 VIOLENCE INVOLVING ANOTHER PERSON UNDER SUCH SHARED PHONE PLAN CONTRACT,
 TO OPT-OUT OF SUCH CONTRACT WITHOUT CHARGE WHEN SUCH PERSON REQUESTS  TO
 OPT-OUT  IN  WRITING AND PROVIDES TO SUCH PROVIDER OF WIRELESS TELEPHONE
 SERVICE ANY OF THE FOLLOWING  DOCUMENTS,  WHICH  SHALL  RELATE  TO  SUCH
 DOMESTIC  VIOLENCE,  WITHIN SIX MONTHS OF THE DOCUMENT'S ISSUANCE: (A) A
 VALID DOMESTIC VIOLENCE INCIDENT REPORT FORM, AS SUCH TERM IS DEFINED IN
 SUBDIVISION FIFTEEN OF SECTION EIGHT HUNDRED THIRTY-SEVEN OF THE  EXECU-
 TIVE  LAW;  (B)  A VALID POLICE REPORT; (C) A VALID ORDER OF PROTECTION;
 (D) A SIGNED AFFIDAVIT FROM A LICENSED MEDICAL  OR  MENTAL  HEALTH  CARE
 PROVIDER,  EMPLOYEE  OF  A  COURT  ACTING WITHIN THE SCOPE OF HIS OR HER
 EMPLOYMENT, SOCIAL WORKER,  A  RAPE  CRISIS  COUNSELOR,  AS  DEFINED  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01136-02-8

 A. 946--A                           2
 
 SECTION  FORTY-FIVE  HUNDRED TEN OF THE CIVIL PRACTICE LAW AND RULES, OR
 ADVOCATE ACTING ON BEHALF OF AN AGENCY THAT  ASSISTS  DOMESTIC  VIOLENCE
 VICTIMS. A CLAIM FOR OPTING-OUT OF SUCH CONTRACT WITHOUT CHARGE SHALL BE
 MADE  IN  GOOD FAITH. SUCH PROVIDER SHALL WAIVE THE OTHERWISE APPLICABLE
 CHARGES FOR SUCH PERSON REQUESTING TO  OPT-OUT  OF  SUCH  CONTRACT.  ANY
 PERSON REQUESTING AN ACCOMMODATION PURSUANT TO THIS SECTION MAY REQUEST,
 AND  IF  REQUESTED  SHALL  BE  PROVIDED AT NO COST TO SUCH PERSON, A NEW
 TELEPHONE NUMBER WITHIN TWENTY-FOUR HOURS  FROM  THE  REQUEST  FOR  SUCH
 ACCOMMODATION.
   §  2.  This  act  shall  take  effect  immediately  and shall apply to
 contracts entered into or renewed on and after such effective date.