S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7168
 
                             I N  S E N A T E
 
                             January 10, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation to eligibility of  domes-
   tic  partners  for compensation from the office of victim services; to
   amend a chapter of the laws of 2019 amending the executive law  relat-
   ing  to the eligibility of domestic partners for compensation from the
   crime victims' board, as proposed in legislative bills numbers S. 4958
   and A. 2566, in relation to  the  application  of  certain  provisions
   thereof;  and to repeal certain provisions of the executive law relat-
   ing thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1-a  of section 624 of the executive law, as
 added by section 2 of a chapter of the laws of 2019 amending the  execu-
 tive  law  relating  to the eligibility of domestic partners for compen-
 sation from the crime victims' board, as proposed in  legislative  bills
 numbers S. 4958 and A. 2566, is REPEALED.
   §  2.  Section  621  of  the  executive law is amended by adding a new
 subdivision 25 to read as follows:
   25. "DOMESTIC PARTNER" SHALL MEAN A PERSON WHO, WITH RESPECT TO ANOTH-
 ER 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-
 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05037-02-0

 S. 7168                             2
 
 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.
   EACH  PARTY  TO  A  DOMESTIC PARTNERSHIP SHALL BE CONSIDERED TO BE THE
 DOMESTIC PARTNER OF  THE  OTHER  PARTY.  "DOMESTIC  PARTNER"  SHALL  NOT
 INCLUDE A PERSON WHO IS RELATED TO THE OTHER PERSON BY BLOOD IN A MANNER
 THAT WOULD BAR MARRIAGE TO THE OTHER PERSON IN NEW YORK STATE. "DOMESTIC
 PARTNER"  ALSO  SHALL  NOT  INCLUDE ANY PERSON WHO IS LESS THAN EIGHTEEN
 YEARS OF AGE OR WHO IS THE ADOPTED CHILD OF THE OTHER PERSON OR  WHO  IS
 RELATED  BY  BLOOD IN A MANNER THAT WOULD BAR MARRIAGE IN NEW YORK STATE
 TO A PERSON WHO IS THE LAWFUL SPOUSE OF THE OTHER PERSON.
   § 3. Subdivision 4 of section 626 of the executive law,  as  added  by
 section  3  of  a chapter of the laws of 2019 amending the executive law
 relating to the eligibility of domestic partners for  compensation  from
 the  crime  victims'  board, as proposed in legislative bills numbers S.
 4958 and A. 2566, is REPEALED.
   § 4. Subdivision 1 of section 626 of the executive law, as amended  by
 chapter 104 of the laws of 2015, is amended to read as follows:
   1.  Out-of-pocket  loss  shall  mean  unreimbursed  and unreimbursable
 expenses or indebtedness reasonably incurred for medical care  or  other
 services  necessary  as  a result of the injury upon which such claim is
 based, including such expenses incurred as a result of the  exacerbation
 of  a  pre-existing  disability or condition directly resulting from the
 crime or causally related to the crime. Such  expenses  or  indebtedness
 shall  include  the cost of counseling for the eligible spouse, DOMESTIC
 PARTNER,  grandparents,  parents,  stepparents,   guardians,   brothers,
 sisters, stepbrothers, stepsisters, children, stepchildren or grandchil-
 dren  of  a  homicide  victim,  and  crime  victims who have sustained a
 personal physical injury as the direct result of a crime and the spouse,
 children or stepchildren of such  physically  injured  victim.  For  the
 purposes  of this subdivision, the victim of a sex offense as defined in
 article one hundred thirty of the penal law is presumed to have suffered
 physical injury. Such counseling may be provided by local victim service
 programs, where available. It shall also include the cost of residing at
 or utilizing services provided by  shelters  for  battered  spouses  and
 children  who  are  eligible  pursuant to subdivision two of section six
 hundred twenty-four of this article, and the cost of  reasonable  attor-
 neys' fees for representation before the office and/or before the appel-
 late division upon judicial review not to exceed one thousand dollars.
   §  5.  Paragraph  (e) of subdivision 5 of section 631 of the executive
 law, as amended by section 22 of part A1 of chapter 56 of  the  laws  of
 2010, is amended to read as follows:
   (e)  Notwithstanding any inconsistent provision of this article, where
 a police officer or firefighter, both  paid  and  volunteer,  dies  from
 injuries received in the line of duty as a direct result of a crime, the
 office  may, without regard to the financial difficulty of the claimant,
 make an award for the unreimbursed counseling expenses of  the  eligible
 spouse, DOMESTIC PARTNER, parents, brothers, sisters or children of such
 victim, and/or the reasonable burial expenses incurred by the claimant.
   § 6. Section 4 of a chapter of the laws of 2019 amending the executive
 law  relating  to  the eligibility of domestic partners for compensation
 from the crime victims' board, as proposed in legislative bills  numbers
 S.  4958 and A. 2566, is amended to read as follows:
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have become a law AND SHALL APPLY TO CLAIMS FILED ON OR AFTER
 SUCH DATE.

 S. 7168                             3
 
   § 7. This act shall take effect on the  same  date  and  in  the  same
 manner  as  a  chapter  of  the  laws of 2019 amending the executive law
 relating to eligibility of domestic partners for compensation  from  the
 crime  victims'  board, as proposed in legislative bills numbers S. 4958
 and A. 2566, takes effect.