S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10482
 
                           I N  A S S E M B L Y
 
                               May 22, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Hevesi) --
   read once and referred to the Committee on Social Services
 
 AN ACT to amend the social services law, in relation to the provision of
   emergency shelter for victims and alleged victims of domestic violence
   during a declaration of a state disaster emergency
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 2 of section 131-u of the social services law,
 as amended by section 3 of part J of chapter 56 of the laws of 2019,  is
 amended to read as follows:
   2. NOTWITHSTANDING ANY OTHER LAW OR REGULATION TO THE CONTRARY, DURING
 THE  PENDENCY  OF A DECLARATION OF A STATE DISASTER EMERGENCY AS DEFINED
 BY SECTION TWENTY OF THE EXECUTIVE LAW THAT INVOLVES A DISEASE OUTBREAK,
 LOCAL SOCIAL SERVICES DISTRICTS SHALL BE REQUIRED TO  PROVIDE  EMERGENCY
 SHELTER AND SERVICES TO VICTIMS AND ALLEGED VICTIMS OF DOMESTIC VIOLENCE
 AS  DEFINED  IN  ARTICLE  SIX-A OF THIS CHAPTER.   SUCH SHELTER SHALL BE
 PROVIDED IN A RESIDENTIAL  PROGRAM  FOR  VICTIMS  OF  DOMESTIC  VIOLENCE
 UNLESS THE RESIDENTIAL PROGRAM CANNOT ENSURE THAT EACH ALLEGED VICTIM OR
 VICTIM  AND  THEIR  MINOR CHILDREN, IF APPLICABLE, WILL BE PROVIDED WITH
 SEPARATE AND PRIVATE SLEEPING AND RESTROOM ACCOMMODATIONS THAT MEET  ANY
 SAFETY  STANDARDS  RECOMMENDED  BY  THE  DEPARTMENT OF HEALTH DURING THE
 STATE DISASTER EMERGENCY. IN THE EVENT THE  RESIDENTIAL  PROGRAM  CANNOT
 MEET  SUCH  STANDARDS,  THE LOCAL SOCIAL SERVICES DISTRICT SHALL PROVIDE
 THE ACCOMMODATIONS IN A HOTEL OR MOTEL. IN ADDITION TO PROVIDING SHELTER
 AND RESIDENTIAL SERVICES, THE LOCAL SOCIAL SERVICES  DISTRICT  SHALL  BE
 RESPONSIBLE  FOR PROVIDING ACCESS TO TESTING FOR ANY INDIVIDUALS RECEIV-
 ING SERVICES.
   3. The department shall annually establish, subject to the approval of
 the director of the budget, a daily rate of reimbursement for each resi-
 dential program for victims of domestic violence, as defined in  article
 six-A  of this chapter, certified by the department which provides emer-
 gency shelter and services to persons eligible for such emergency  shel-
 ter  and  services  pursuant to this section. A social services district
 financially responsible for a victim of domestic  violence  shall  reim-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16445-01-0

 A. 10482                            2
 
 burse  a  residential  program  for victims of domestic violence for the
 costs of emergency shelter and services provided to such victim  at  the
 daily  reimbursement  rate  established by the department reduced by any
 other reimbursement available for such costs. PROVIDED HOWEVER, IF EMER-
 GENCY  SHELTER  AND SERVICES ARE PROVIDED IN ACCORDANCE WITH SUBDIVISION
 TWO OF THIS SECTION, THE STATE SHALL ASSUME THE FULL COST OF THE SHELTER
 AND SERVICES DURING THE PENDENCY OF THE STATE DISASTER EMERGENCY.
   § 2. Subdivision 1 of section 459-a of the  social  services  law,  as
 amended  by  chapter  153  of  the  laws  of 2019, is 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 OR AN ALLEGED VICTIM of an act which would
 constitute a violation of the penal law, including, but not  limited  to
 acts constituting disorderly conduct, harassment, aggravated harassment,
 sexual  misconduct,  forcible touching, sexual abuse, stalking, criminal
 mischief,  menacing,   reckless   endangerment,   kidnapping,   assault,
 attempted  assault,  attempted murder, criminal obstruction of breathing
 or blood circulation, strangulation, identity theft,  grand  larceny  or
 coercion; 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.
   A PERSON IS AN ALLEGED VICTIM IF THEY HAVE REPORTED AN ACT WHICH WOULD
 CONSTITUTE A VIOLATION OF THE PENAL LAW AND IT REASONABLY APPEARS TO THE
 RESIDENTIAL PROGRAM OR LOCAL SOCIAL SERVICES DISTRICT THAT THE PERSON IS
 A VICTIM OF DOMESTIC VIOLENCE.
   § 3. This act shall take effect immediately.