What's happening
This bill expands the legal definition of "family or household members" for family offense laws to include more types of family-type relationships.
Why it matters
Broadens Protection for Non-Traditional Families. By expanding who counts as "family or household members," the bill ensures that people in diverse and modern family arrangements—such as co-parents who never lived together, or those with family-type bonds not strictly defined by blood or marriage—can access legal protections in cases of domestic violence or family offenses.
Addresses Gaps in Current Law. The legislation specifically includes individuals related to a child in common or those with intimate relationships who either currently live together or have in the past, recognizing that abusive dynamics can exist outside traditional household setups and making it easier for affected individuals to seek help.
Improves Consistency Across Legal Systems. By amending definitions in the social services law, criminal procedure law, and family court act, the bill ensures that protections and eligibility for legal remedies are aligned across multiple legal arenas, reducing confusion and barriers for those seeking relief.
Reflects Evolving Social Realities. The inclusion of “family-type relationships” acknowledges that many people form significant, family-like bonds outside of blood or legal ties, making the law more responsive to the lived experiences of New Yorkers and potentially reducing instances where victims fall through the cracks.
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Who cares
Headline styles
Broaden Family Offense Definition
Plain English, a few words. Used as the page title.
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History
- Referred to social services
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
11007
IN ASSEMBLY
September 9, 2020
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Joyner) -read once and referred to the Committee on Social Services
AN ACT to amend the social services law, the criminal procedure law and the family court act, in relation to defining members of the same family or household for purposes of family offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraphs (f) and (g) of subdivision 2 of section 459-a of the social services law, as amended by chapter 11 of the laws of 2011, are amended to read as follows:
(f) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors that may be considered in determining whether a relationship is an "intimate relationship" include, but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an "intimate relationship"; [or]
(g) persons who: (i) are related to a child in common as described in paragraph (d) of this subdivision or to a person described in paragraph (f) of this subdivision; and (ii) are currently living together in a family-type relationship or formerly lived together in a family-type relationship; or
(h) any other category of individuals deemed to be a victim of domestic violence as defined by the office of children and family services in regulation.
§ 2. Paragraphs (d) and (e) of subdivision 1 of section 530.11 of the criminal procedure law, paragraph (d) as amended and paragraph (e) as added by chapter 326 of the laws of 2008, are amended and a new paragraph (f) is added to read as follows:
(d) persons who have a child in common, regardless of whether such persons have been married or have lived together at any time; [and]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16876-01-0
A. 11007 2
(e) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors the court may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an "intimate relationship"[.]; and
(f) persons who: (i) are related to a child in common as described in paragraph (d) of this subdivision or to a person described in paragraph (e) of this subdivision; and (ii) are currently living together in a family-type relationship or formerly lived together in a family-type relationship.
§ 3. Paragraphs (d) and (e) of subdivision 1 of section 812 of the family court act, paragraph (d) as amended and paragraph (e) as added by chapter 326 of the laws of 2008, are amended and a new paragraph (f) is added to read as follows:
(d) persons who have a child in common regardless of whether such persons have been married or have lived together at any time; [and]
(e) persons who are not related by consanguinity or affinity and who are or have been in an intimate relationship regardless of whether such persons have lived together at any time. Factors the court may consider in determining whether a relationship is an "intimate relationship" include but are not limited to: the nature or type of relationship, regardless of whether the relationship is sexual in nature; the frequency of interaction between the persons; and the duration of the relationship. Neither a casual acquaintance nor ordinary fraternization between two individuals in business or social contexts shall be deemed to constitute an "intimate relationship"[.]; and
(f) persons who: (i) are related to a child in common as described in paragraph (d) of this subdivision or to a person described in paragraph (e) of this subdivision; and (ii) are currently living together in a family-type relationship or formerly lived together in a family-type relationship.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.