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S2170Senate2009-2010 Session

Prohibits compelling domestic abuse victims to contact their abusers

Sponsor Michael H. RanzenhoferSD-61+6 co-sponsorsAffects Health
Status
In Senate Committee
Social Services
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Social Services

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History

  1. Referred to social services
  2. Referred to social services

Full text

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Sponsor's memo

Title of bill

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

Summary of provisions

The bill would amend the Social Services Law by adding a new Section 459-g. The section provides that neither the state nor any political subdivision thereof, public authority or employee thereof shall compel a victim of domestic violence to contact his or her abuser. The section further provides that in the event such contact must be made, the governmental entity shall provide an intermediary to make such contact on behalf of the victim in a manner that will protect the privacy confidentiality and current location of the victim.

Purpose & justification

To ensure the confidentiality of victims of domestic violence.

Presently, there are excessively stringent screening processes regarding the criminal records of all tenants in public housing. While this is an admirable goal, this policy is putting many battered women at risk and has even denied public housing apartments up to 3,500 women who have been victims of domestic violence. There are also other occasions where a victim of domestic violence may be forced to contact their abuser in order to gain benefits or enforce rights to which they are entitled.

According to one screening process, for example, applicants must prove that they have lived separately from their former ex-boyfriends or husbands that have been previously convicted of a crime. The screening process requires that the applicant produce three pieces of identification (such as a utility bill or credit card statement) stating that the person convicted of a crime does not live with the applicant at the present time. This is putting many domestic violence survivors at risk, causing them to come in contact with their former abusers, the same ones that they are trying to separate themselves from.

In the case of the domestic violence victim, confidentiality and separation is essential for survival. Requiring men or women to make contact with their former abusers is endangering their well being. This bill will ensure that any agency or authority cannot compel a domestic violence victim to contact his or her abuser.

Recognizing that at times contact must be made to comply with state or federal mandates, the bill requires such contact through a confidential intermediary to be provided by the governmental entity that requires such information in a way that protects the victim.

Prior legislative history

2008 - S.2963-A/A.620-A -- CHILD & FAM/Social Services 2007 - S.2963-A/A/620-A -- CHILD & FAM/Social Services 2006 - S.6608/A.10685 -- CHILD & FAM/Social Services 2004 - S.6128/A.4608 -- CHILD & FAM/Social Services 2003 - A.4608 -- Social Services 2000 - S.4814/A.1605 -- CHILD & FAM/Social Services 1999 - S.4814/A.1605 -- CHILD & FAM/Codes 1998 - S.4875/A.4503-A -- CHILD & FAM/Social Services 1997 - S.4875/A.4503-A -- CHILD & FAM/Codes

Fiscal implications

None.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.