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History
- Substituted by A3843A
- Ordered to third reading cal.945
- Committee discharged and committed to rules
- Reported and committed to finance
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Prohibits compelling domestic abuse victims to contact their abusers
Signed by Governor · Sponsor Linda Rosenthal
Full text
The text isn't available here yet. Check nysenate.gov.
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
Purpose or general idea of bill
To ensure the confidentiality and safety of victims of domestic violence.
Summary of specific provisions
The bill would amend the Social Services Law by adding a new Section 459-h. 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.
Read the full memo (617 words)
Justification
Women seeking social services from New York State must undergo a stringent screening process that requires them to provide numerous forms of documentation. While requiring a great deal of documentation before providing services is an admirable goal for the state, this policy has the unintended consequence of putting many battered women at risk and even denying some of them access to services such as public housing. This is because a victim of domestic violence or abuse is often forced to contact her abuser in order to obtain all of the documentation required by the state. When women are unable to do this or refuse to contact their abuser, they are denied state services.
Women across the state, from Westchester to Buffalo, have been denied or threatened with denial of social services unless they make contact with their abuser. This scenario does not only affect women living in large cities such as New York City; cases of women being forced to contact their abusers have also been documented in Livingston County and other upstate counties.
Women who have had orders of protection against men who are extremely violent have been put in jeopardy when they produced these orders of protection at the department of social services and were told such orders "didn't matter" and they would still have to contact their abusers to get the proper documentation, or they would not qualify for food stamps or any other benefits. The screening process for most forms of public assistance requires that the applicant produce three pieces of identification (such as a utility bill or credit card statement) stating that a person convicted of a crime (such as domestic violence) does not live with the applicant at the present time. This is putting many domestic violence survivors at risk, causing them to make contact with their former abusers, whom they are trying so desperately to escape.
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 be 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
2007-08: S2962 Referred to Social Services, Children and Families 2005-06: S6608 Referred to Social Services, Children and Families 2003-04: S6128 Referred to Children and Families, Committed to Rules
Fiscal implications
To be determined.
Effective date
This act shall take effect on the ninetieth 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.