Bill Text: NY A10482 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires certain safety standards for emergency shelter for victims and alleged victims of domestic violence during a declaration of a state disaster emergency for a disease outbreak; requires accommodations in a hotel or motel where a residential facility does not meet safety standards; requires full cost to be assumed by the state.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-05-22 - referred to social services [A10482 Detail]

Download: New_York-2019-A10482-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10482

                   IN ASSEMBLY

                                      May 22, 2020
                                       ___________

        Introduced  by  COMMITTEE ON RULES -- (at request of 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:

     1    Section  1. Subdivision 2 of section 131-u of the social services law,
     2  as amended by section 3 of part J of chapter 56 of the laws of 2019,  is
     3  amended to read as follows:
     4    2. Notwithstanding any other law or regulation to the contrary, during
     5  the  pendency  of a declaration of a state disaster emergency as defined
     6  by section twenty of the executive law that involves a disease outbreak,
     7  local social services districts shall be required to  provide  emergency
     8  shelter and services to victims and alleged victims of domestic violence
     9  as  defined  in  article  six-A of this chapter.   Such shelter shall be
    10  provided in a residential  program  for  victims  of  domestic  violence
    11  unless the residential program cannot ensure that each alleged victim or
    12  victim  and  their  minor children, if applicable, will be provided with
    13  separate and private sleeping and restroom accommodations that meet  any
    14  safety  standards  recommended  by  the  department of health during the
    15  state disaster emergency. In the event the  residential  program  cannot
    16  meet  such  standards,  the local social services district shall provide
    17  the accommodations in a hotel or motel. In addition to providing shelter
    18  and residential services, the local social services  district  shall  be
    19  responsible  for providing access to testing for any individuals receiv-
    20  ing services.
    21    3. The department shall annually establish, subject to the approval of
    22  the director of the budget, a daily rate of reimbursement for each resi-
    23  dential program for victims of domestic violence, as defined in  article
    24  six-A  of this chapter, certified by the department which provides emer-
    25  gency shelter and services to persons eligible for such emergency  shel-
    26  ter  and  services  pursuant to this section. A social services district
    27  financially responsible for a victim of domestic  violence  shall  reim-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16445-01-0
        A. 10482                            2

     1  burse  a  residential  program  for victims of domestic violence for the
     2  costs of emergency shelter and services provided to such victim  at  the
     3  daily  reimbursement  rate  established by the department reduced by any
     4  other reimbursement available for such costs. Provided however, if emer-
     5  gency  shelter  and services are provided in accordance with subdivision
     6  two of this section, the state shall assume the full cost of the shelter
     7  and services during the pendency of the state disaster emergency.
     8    § 2. Subdivision 1 of section 459-a of the  social  services  law,  as
     9  amended  by  chapter  153  of  the  laws  of 2019, is amended to read as
    10  follows:
    11    1. "Victim of domestic violence" means any  person  over  the  age  of
    12  sixteen,  any  married  person  or  any parent accompanied by his or her
    13  minor child or children in situations  in  which  such  person  or  such
    14  person's  child  is  a victim or an alleged victim of an act which would
    15  constitute a violation of the penal law, including, but not  limited  to
    16  acts constituting disorderly conduct, harassment, aggravated harassment,
    17  sexual  misconduct,  forcible touching, sexual abuse, stalking, criminal
    18  mischief,  menacing,   reckless   endangerment,   kidnapping,   assault,
    19  attempted  assault,  attempted murder, criminal obstruction of breathing
    20  or blood circulation, strangulation, identity theft,  grand  larceny  or
    21  coercion; and
    22    (i)  such  act  or  acts have resulted in actual physical or emotional
    23  injury or have created a substantial risk of physical or emotional  harm
    24  to such person or such person's child; and
    25    (ii)  such  act or acts are or are alleged to have been committed by a
    26  family or household member.
    27    A person is an alleged victim if they have reported an act which would
    28  constitute a violation of the penal law and it reasonably appears to the
    29  residential program or local social services district that the person is
    30  a victim of domestic violence.
    31    § 3. This act shall take effect immediately.