Bill Text: NY A02854 | 2019-2020 | General Assembly | Introduced

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Bill Title: Further restricts eligibility of persons for public assistance to prohibit it in cases where a person is fleeing to avoid prosecution, custody or confinement for a misdemeanor charge and allows disclosure to assist in the apprehension of the same.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02854 Detail]

Download: New_York-2019-A02854-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2854
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Social Services
        AN ACT to amend the social services law, in relation to eligibility  for
          public assistance
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph (a) of subdivision  14  of  section  131  of  the
     2  social services law, as amended by section 152 of subpart B of part C of
     3  chapter 62 of the laws of 2011, is amended to read as follows:
     4    (a)  Notwithstanding any provision of this chapter or other law to the
     5  contrary, no public assistance shall be given to any individual  who  is
     6  (i) fleeing to avoid prosecution or custody or conviction under the laws
     7  of  the place from which the individual flees for a crime, or an attempt
     8  to commit a crime, [which is a felony] under the laws of the place  from
     9  which  the  individual  flees [or which, in the case of the state of New
    10  Jersey, is a high misdemeanor under the laws  of  such  state]  or  (ii)
    11  violating  a  condition  of probation or parole imposed under federal or
    12  state law.
    13    § 2. Subdivision 5 of section 136 of the social services law, as added
    14  by section 25 of part B of chapter 436 of the laws of 1997,  is  amended
    15  to read as follows:
    16    5.  A  social  services official shall disclose to a federal, state or
    17  local law enforcement officer, upon request of the officer, the  current
    18  address  or  any other information necessary for the apprehension of any
    19  applicant or recipient of family assistance, or safety net assistance if
    20  the duties of the officer include the location or  apprehension  of  the
    21  applicant  or  recipient  and  the officer furnishes the social services
    22  official with the name of the applicant or recipient  and  notifies  the
    23  agency that such applicant or recipient is fleeing to avoid prosecution,
    24  custody  or  confinement  after  conviction, under the laws of the place
    25  from which the applicant or recipient is fleeing,  for  a  crime  or  an
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00134-01-9
        A. 2854                             2
     1  attempt  to  commit  a  crime which is a felony or misdemeanor under the
     2  laws of the place from which the applicant or recipient is fleeing,  [or
     3  which,  in  the  case  of the state of New Jersey, is a high misdemeanor
     4  under  the laws of that state,] or is violating a condition of probation
     5  or parole imposed under a federal or state law or has  information  that
     6  is  necessary for the officer to conduct his or her official duties.  In
     7  a request for disclosure pursuant to this subdivision, such law enforce-
     8  ment officer shall endeavor to include identifying information  to  help
     9  ensure  that  the social services official discloses only the address of
    10  the person sought and not the address of a person with the same or simi-
    11  lar name.
    12    § 3. This act shall take effect immediately.