S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4246
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01600-01-1

 A. 4246                             2
 
 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-
 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.