Bill Text: NY S02170 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits the state, its political subdivisions, public authorities, and employees and agents thereof from compelling domestic abuse victims to contact their abusers, directly for any reason; requires such political entity to provide a confidential intermediary.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO SOCIAL SERVICES [S02170 Detail]

Download: New_York-2009-S02170-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2170
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 12, 2009
                                      ___________
       Introduced  by  Sens.  RANZENHOFER,  GOLDEN,  LARKIN,  PADAVAN,  ROBACH,
         SALAND, VOLKER -- read twice and ordered printed, and when printed  to
         be committed to the Committee on Social Services
       AN  ACT to amend the social services law, in relation to prohibiting the
         condition of benefits and services received  by  victims  of  domestic
         abuse on the cooperation of the perpetrator of such abuse
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 459-g of the social services law, as renumbered  by
    2  chapter  169  of the laws of 1994, is renumbered section 459-h and a new
    3  section 459-g is added to read as follows:
    4    S 459-G. COOPERATION OF AN ABUSER  NOT  REQUIRED  AS  A  CONDITION  OF
    5  ELIGIBILITY FOR BENEFITS OR SERVICES.  1. NEITHER THE STATE, A POLITICAL
    6  SUBDIVISION  OF THE STATE, A PUBLIC AUTHORITY, NOR ANY EMPLOYEE OR AGENT
    7  THEREOF SHALL, IN ANY WAY, CONDITION ELIGIBILITY OR RECEIPT OF  SERVICES
    8  OR  BENEFITS  BY A VICTIM OF DOMESTIC VIOLENCE, AS DEFINED IN THIS ARTI-
    9  CLE, BY REQUIRING THE VICTIM TO CONTACT THE PERSON WHO PERPETRATED  SUCH
   10  DOMESTIC VIOLENCE OR BY REQUIRING THE PERSON WHO PERPETRATED SUCH DOMES-
   11  TIC  VIOLENCE  TO COMPLETE ANY FORMS, PROVIDE ANY INFORMATION, APPEAR IN
   12  PERSON, OR COOPERATE IN ANY OTHER MANNER AS  A  PART  OF  SUCH  VICTIM'S
   13  APPLICATION FOR OR PROCESS OF CERTIFICATION FOR CONTINUED RECEIPT OF ANY
   14  SERVICES OR BENEFITS IN THIS STATE.
   15    2. ALTHOUGH SUCH INFORMATION OR COOPERATION SHALL NOT BE REQUIRED AS A
   16  CONDITION OF ELIGIBILITY FOR OR RECEIPT OF SUCH SERVICES OR BENEFITS, IN
   17  THE  EVENT  THE  GOVERNMENTAL  ENTITY,  EMPLOYEE OR AGENT SEEKS ANY SUCH
   18  INFORMATION OR COOPERATION, SUCH ENTITY, EMPLOYEE  OR  AGENT  SHALL,  IF
   19  INFORMED  CONSENT  IS  GIVEN  IN  WRITING  BY  SUCH  VICTIM  OF DOMESTIC
   20  VIOLENCE, PROVIDE AN INTERMEDIARY TO MAKE SUCH CONTACT IN A MANNER  THAT
   21  PROTECTS  THE  PRIVACY,  CONFIDENTIALITY  AND  CURRENT  LOCATION  OF THE
   22  VICTIM.  IN THE EVENT THE GOVERNMENTAL ENTITY, EMPLOYEE OR  AGENT  SEEKS
   23  ANY  SUCH  INFORMATION  OR  COOPERATION  TO COMPLY WITH ANY FEDERAL LAW,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00293-02-9
       S. 2170                             2
    1  REGULATION OR MANDATE, SUCH ENTITY, EMPLOYEE OR AGENT  SHALL  SO  ADVISE
    2  THE VICTIM OF DOMESTIC VIOLENCE AND PROVIDE AN INTERMEDIARY TO MAKE SUCH
    3  CONTACT ON BEHALF OF THE VICTIM IN A MANNER THAT WILL PROTECT THE PRIVA-
    4  CY, CONFIDENTIALITY AND CURRENT LOCATION OF THE VICTIM.
    5    S  2.  This  act  shall take effect on the sixtieth day after it shall
    6  have become a law.