Assembly Bill A9120

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9120
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 26, 2025
                                ___________
 
 Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to amend the executive law, in relation to providing free legal
   counsel to domestic violence survivors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The executive law is amended by adding a new section 577 to
 read as follows:
   §  577.  CIVIL  LEGAL  SERVICES  PROGRAM  FOR INCOME-ELIGIBLE DOMESTIC
 VIOLENCE SURVIVORS. 1. DEFINITIONS. FOR THE PURPOSES  OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "BRIEF  LEGAL  ASSISTANCE"  MEANS INDIVIDUALIZED LEGAL ASSISTANCE
 PROVIDED IN ONE OR MORE SINGLE CONSULTATIONS BY A  DESIGNATED  ORGANIZA-
 TION TO AN INCOME-ELIGIBLE DOMESTIC VIOLENCE SURVIVOR IN CONNECTION WITH
 A DIVORCE PROCEEDING.
   (B)  "DESIGNATED  ORGANIZATION" MEANS A NOT-FOR-PROFIT ORGANIZATION OR
 ASSOCIATION CONTRACTED TO PROVIDE FULL  LEGAL  REPRESENTATION  OR  BRIEF
 LEGAL ASSISTANCE PURSUANT TO THE PROGRAM ESTABLISHED BY THIS SECTION.
   (C)  "DIRECTOR"  MEANS  THE  EXECUTIVE  DIRECTOR OF THE OFFICE FOR THE
 PREVENTION OF DOMESTIC VIOLENCE.
   (D) "DIVORCE PROCEEDING" MEANS  ANY  ACTION  FOR  DIVORCE  OR  SPECIAL
 ACTION  AS  DESCRIBED  IN  SECTION  ONE  HUNDRED SEVENTY AND ONE HUNDRED
 SEVENTY-A OF THE DOMESTIC RELATIONS LAW.
   (E) "FULL LEGAL REPRESENTATION"  MEANS  ONGOING  LEGAL  REPRESENTATION
 PROVIDED  BY  A  DESIGNATED  ORGANIZATION TO AN INCOME-ELIGIBLE DOMESTIC
 VIOLENCE SURVIVOR. SUCH TERM INCLUDES ALL LEGAL  ADVICE,  ADVOCACY,  AND
 ASSISTANCE ASSOCIATED WITH SUCH REPRESENTATION.
   (F)  "INCOME-ELIGIBLE DOMESTIC VIOLENCE SURVIVOR" MEANS ANY INDIVIDUAL
 WHO IS COVERED BY THE TERM "VICTIM OF DOMESTIC VIOLENCE" AS SUCH TERM IS
 DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL SERVICES LAW,
 WHO IS A RESIDENT OF THE STATE OF NEW YORK AGED 18 OR OLDER,  AND  WHOSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13758-01-5
              

 A. 9120                             2
 
 ANNUAL  GROSS  HOUSEHOLD  INCOME  IS  NOT IN EXCESS OF TWO HUNDRED FIFTY
 PERCENT OF THE FEDERAL POVERTY GUIDELINES AS UPDATED PERIODICALLY IN THE
 FEDERAL REGISTER BY THE UNITED STATES DEPARTMENT  OF  HEALTH  AND  HUMAN
 SERVICES UNDER THE AUTHORITY OF 42 U.S.C. § 9902(2).
   (G) "PROGRAM" MEANS THE CIVIL LEGAL SERVICES PROGRAM FOR INCOME-ELIGI-
 BLE DOMESTIC VIOLENCE SURVIVORS ESTABLISHED BY THIS SECTION.
   2. PROGRAM. (A) SUBJECT TO APPROPRIATION, THE COORDINATOR SHALL IMPLE-
 MENT  A  PROGRAM  TO  PROVIDE  FULL LEGAL REPRESENTATION AND BRIEF LEGAL
 ASSISTANCE FOR INCOME-ELIGIBLE DOMESTIC VIOLENCE  SURVIVORS  IN  DIVORCE
 PROCEEDINGS IN THE STATE.
   (B)  ANY  FULL  LEGAL REPRESENTATION COMMENCED PURSUANT TO THE PROGRAM
 SHALL CONTINUE UNTIL THE FINAL DISPOSITION OF THE DIVORCE PROCEEDING.
   (C) FULL LEGAL REPRESENTATION OR BRIEF LEGAL ASSISTANCE PERFORMED BY A
 DESIGNATED ORGANIZATION PURSUANT TO  THE  PROGRAM  SHALL  NOT  SUPPLANT,
 REPLACE,  OR  SATISFY ANY OBLIGATIONS OR RESPONSIBILITIES OF SUCH DESIG-
 NATED ORGANIZATION PURSUANT TO ANY OTHER PROGRAM,  CONTRACT,  OR  AGREE-
 MENT.
   3. TRAINING. THE DIRECTOR SHALL WORK WITH RELEVANT AGENCIES TO PROVIDE
 TRAINING  AND RESOURCES TO DESIGNATED ORGANIZATIONS ON TOPICS RELATED TO
 DOMESTIC AND GENDER-BASED VIOLENCE, INCLUDING TRAINING ON ECONOMIC ABUSE
 AND TRAUMA-INFORMED ENGAGEMENT PRACTICES.
   4. OUTREACH. THE DIRECTOR SHALL CREATE WRITTEN MATERIALS THAT  CONTAIN
 INFORMATION  ABOUT  THE  PROGRAM,  ANY  INTERPRETATION SERVICES THAT ARE
 AVAILABLE IN DIVORCE PROCEEDINGS, AND ANY OTHER FREE OR  LOW-COST  LEGAL
 SERVICES  OR  RESOURCES  AVAILABLE FOR INCOME-ELIGIBLE DOMESTIC VIOLENCE
 SURVIVORS IN DIVORCE PROCEEDINGS. SUCH WRITTEN MATERIALS SHALL BE POSTED
 ONLINE AND MADE AVAILABLE AT  RELEVANT  OFFICES  AS  DETERMINED  BY  THE
 DIRECTOR.
   5.  REPORT.  NO  LATER  THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
 SECTION, AND ANNUALLY THEREAFTER,  THE  DIRECTOR  SHALL  SUBMIT  TO  THE
 GOVERNOR,  THE  TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE
 ASSEMBLY A REPORT ON THE PROGRAM. SUCH REPORT SHALL  INCLUDE,  BUT  NEED
 NOT BE LIMITED TO, THE FOLLOWING FOR THE PRECEDING YEAR:
   (A)  THE  TOTAL  NUMBER OF INCOME-ELIGIBLE DOMESTIC VIOLENCE SURVIVORS
 WHO REQUESTED TO  RECEIVE  FULL  LEGAL  REPRESENTATION  OR  BRIEF  LEGAL
 ASSISTANCE THROUGH THE PROGRAM;
   (B)  THE  TOTAL  NUMBER OF INCOME-ELIGIBLE DOMESTIC VIOLENCE SURVIVORS
 WHO REQUESTED TO  RECEIVE  FULL  LEGAL  REPRESENTATION  OR  BRIEF  LEGAL
 ASSISTANCE  THROUGH  THE  PROGRAM  AND  DID  NOT RECEIVE SUCH FULL LEGAL
 REPRESENTATION OR SUCH BRIEF LEGAL ASSISTANCE, AND THE REASONS WHY;
   (C) THE TOTAL NUMBER OF INCOME-ELIGIBLE  DOMESTIC  VIOLENCE  SURVIVORS
 WHO  HAVE  RECEIVED  FULL LEGAL REPRESENTATION THROUGH THE PROGRAM WHOSE
 DIVORCE PROCEEDINGS HAVE BEEN CONCLUDED,  INCLUDING  WHETHER  EACH  SUCH
 DIVORCE PROCEEDING WAS CONTESTED OR UNCONTESTED, AND THE TOTAL AMOUNT OF
 FEES PAID FOR EACH SUCH FULL LEGAL REPRESENTATION;
   (D)  THE  TOTAL  NUMBER OF INCOME-ELIGIBLE DOMESTIC VIOLENCE SURVIVORS
 WHO HAVE RECEIVED FULL LEGAL REPRESENTATION THROUGH  THE  PROGRAM  WHOSE
 DIVORCE  PROCEEDINGS  ARE  ONGOING,  INCLUDING WHETHER EACH SUCH DIVORCE
 PROCEEDING WAS CONTESTED OR UNCONTESTED, AND THE TOTAL  AMOUNT  OF  FEES
 PAID FOR EACH SUCH FULL LEGAL REPRESENTATION;
   (E) THE TOTAL AMOUNT OF FEES PAID TO DESIGNATED ORGANIZATIONS;
   (F) ANY CHALLENGES IN IMPLEMENTING OR OPERATING THE PROGRAM; AND
   (G) THE TOTAL ESTIMATED AMOUNT OF FUNDING REQUIRED FOR THE PROGRAM FOR
 THE UPCOMING YEAR.
   6.  PRIVATE  RIGHT  OF ACTION. NOTHING IN THIS SECTION OR THE ADMINIS-
 TRATION OR APPLICATION THEREOF SHALL BE CONSTRUED TO  CREATE  A  PRIVATE
 A. 9120                             3
 
 RIGHT  OF  ACTION  ON  THE  PART OF ANY PERSON OR ENTITY AGAINST AGENCY,
 OFFICIAL, OR EMPLOYEE THEREOF.
   7.  EXEMPTION.  THE  DIRECTOR  SHALL  HAVE THE AUTHORITY TO EXEMPT ANY
 CITY, TOWN OR VILLAGE FROM THE PROVISIONS OF THIS SECTION IF THE  DIREC-
 TOR DETERMINES SUCH CITY, TOWN OR VILLAGE HAS A COMPARABLE PROGRAM.
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.