A 9120: Establishes a statewide legal services program for income-eligible domestic violence survivors; requires reporting on the results of such program.

  
  STATE OF NEW YORK ________________________________________________________________________ 9120 2025-2026 Regular Sessions  IN ASSEMBLY September 26, 2025 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to providing free legal counsel to domestic violence survivors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 577 to 2 read as follows: 3 § 577. Civil legal services program for income-eligible domestic 4 violence survivors. 1. Definitions. For the purposes of this section, 5 the following terms shall have the following meanings: 6 (a) "Brief legal assistance" means individualized legal assistance 7 provided in one or more single consultations by a designated organiza- 8 tion to an income-eligible domestic violence survivor in connection with 9 a divorce proceeding. 10 (b) "Designated organization" means a not-for-profit organization or 11 association contracted to provide full legal representation or brief 12 legal assistance pursuant to the program established by this section. 13 (c) "Director" means the executive director of the office for the 14 prevention of domestic violence. 15 (d) "Divorce proceeding" means any action for divorce or special 16 action as described in section one hundred seventy and one hundred 17 seventy-a of the domestic relations law. 18 (e) "Full legal representation" means ongoing legal representation 19 provided by a designated organization to an income-eligible domestic 20 violence survivor. Such term includes all legal advice, advocacy, and 21 assistance associated with such representation. 22 (f) "Income-eligible domestic violence survivor" means any individual 23 who is covered by the term "victim of domestic violence" as such term is 24 defined in section four hundred fifty-nine-a of the social services law, 25 who is a resident of the state of New York aged 18 or older, and whose EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13758-01-5 
 A. 9120 2 1 annual gross household income is not in excess of two hundred fifty 2 percent of the federal poverty guidelines as updated periodically in the 3 Federal Register by the United States Department of Health and Human 4 Services under the authority of 42 U.S.C. § 9902(2). 5 (g) "Program" means the civil legal services program for income-eligi- 6 ble domestic violence survivors established by this section. 7 2. Program. (a) Subject to appropriation, the coordinator shall imple- 8 ment a program to provide full legal representation and brief legal 9 assistance for income-eligible domestic violence survivors in divorce 10 proceedings in the state. 11 (b) Any full legal representation commenced pursuant to the program 12 shall continue until the final disposition of the divorce proceeding. 13 (c) Full legal representation or brief legal assistance performed by a 14 designated organization pursuant to the program shall not supplant, 15 replace, or satisfy any obligations or responsibilities of such desig- 16 nated organization pursuant to any other program, contract, or agree- 17 ment. 18 3. Training. The director shall work with relevant agencies to provide 19 training and resources to designated organizations on topics related to 20 domestic and gender-based violence, including training on economic abuse 21 and trauma-informed engagement practices. 22 4. Outreach. The director shall create written materials that contain 23 information about the program, any interpretation services that are 24 available in divorce proceedings, and any other free or low-cost legal 25 services or resources available for income-eligible domestic violence 26 survivors in divorce proceedings. Such written materials shall be posted 27 online and made available at relevant offices as determined by the 28 director. 29 5. Report. No later than one year after the effective date of this 30 section, and annually thereafter, the director shall submit to the 31 governor, the temporary president of the senate and the speaker of the 32 assembly a report on the program. Such report shall include, but need 33 not be limited to, the following for the preceding year: 34 (a) the total number of income-eligible domestic violence survivors 35 who requested to receive full legal representation or brief legal 36 assistance through the program; 37 (b) the total number of income-eligible domestic violence survivors 38 who requested to receive full legal representation or brief legal 39 assistance through the program and did not receive such full legal 40 representation or such brief legal assistance, and the reasons why; 41 (c) the total number of income-eligible domestic violence survivors 42 who have received full legal representation through the program whose 43 divorce proceedings have been concluded, including whether each such 44 divorce proceeding was contested or uncontested, and the total amount of 45 fees paid for each such full legal representation; 46 (d) the total number of income-eligible domestic violence survivors 47 who have received full legal representation through the program whose 48 divorce proceedings are ongoing, including whether each such divorce 49 proceeding was contested or uncontested, and the total amount of fees 50 paid for each such full legal representation; 51 (e) the total amount of fees paid to designated organizations; 52 (f) any challenges in implementing or operating the program; and 53 (g) the total estimated amount of funding required for the program for 54 the upcoming year. 55 6. Private right of action. Nothing in this section or the adminis- 56 tration or application thereof shall be construed to create a private 
 A. 9120 3 1 right of action on the part of any person or entity against agency, 2 official, or employee thereof. 3 7. Exemption. The director shall have the authority to exempt any 4 city, town or village from the provisions of this section if the direc- 5 tor determines such city, town or village has a comparable program. 6 § 2. This act shall take effect on the one hundred eightieth day after 7 it shall have become a law. Effective immediately, the addition, amend- 8 ment and/or repeal of any rule or regulation necessary for the implemen- 9 tation of this act on its effective date are authorized to be made and 10 completed on or before such effective date.