S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        3340--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2013
                                      ___________
       Introduced  by  M.  of A. CUSICK, O'DONNELL -- read once and referred to
         the Committee on Codes -- recommitted to the  Committee  on  Codes  in
         accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to  amend  the  penal law, in relation to establishing domestic
         abuse offenses; to amend the criminal procedure law,  in  relation  to
         providing for a special information in the indictment of certain felo-
         ny  domestic  abuse  offenses  and  procedures for determining whether
         domestic abuse  misdemeanors  are  crimes  of  domestic  violence  for
         purposes  of  federal law; and to amend the criminal procedure law and
         the family court act, in relation to including domestic abuse  in  the
         first and second degrees as family offenses
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The penal law is  amended  by  adding  three  new  sections
    2  120.75, 120.80 and 120.85 to read as follows:
    3  S 120.75 DEFINITIONS; DOMESTIC ABUSE.
    4    FOR THE PURPOSES OF SECTIONS 120.80 AND 120.85 OF THIS ARTICLE:
    5    1.  "DOMESTIC  PARTNER" SHALL MEAN A PERSON WHO IS LIVING OR HAS LIVED
    6  TOGETHER WITH ANOTHER PERSON FOR AN EXTENDED  DURATION  IN  AN  INTIMATE
    7  RELATIONSHIP MARKED BY SEXUAL, PHYSICAL OR FINANCIAL INTERDEPENDENCE.
    8    2.  "FELLOW PARENT OF A CHILD IN COMMON" SHALL MEAN A PERSON WHO HAS A
    9  CHILD IN COMMON WITH ANOTHER PERSON REGARDLESS OF WHETHER  SUCH  PERSONS
   10  WERE MARRIED OR HAVE LIVED TOGETHER.
   11    3.  "FORMER  SPOUSE"  SHALL  MEAN A PERSON FORMERLY MARRIED TO ANOTHER
   12  PERSON REGARDLESS OF WHETHER SUCH  PERSONS  STILL  RESIDE  IN  THE  SAME
   13  HOUSEHOLD.
   14    4. "SPOUSE" SHALL MEAN A PERSON LEGALLY MARRIED TO ANOTHER PERSON.
   15  S 120.80 DOMESTIC ABUSE IN THE SECOND DEGREE.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00816-03-4
       A. 3340--A                          2
    1    A  PERSON  IS GUILTY OF DOMESTIC ABUSE IN THE SECOND DEGREE WHEN, WITH
    2  INTENT TO HARASS, ANNOY OR ALARM  HIS  OR  HER  SPOUSE,  FORMER  SPOUSE,
    3  FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER, HE OR SHE CAUSES
    4  PHYSICAL  INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD
    5  IN COMMON OR DOMESTIC PARTNER.
    6    DOMESTIC ABUSE IN THE SECOND DEGREE IS A CLASS A MISDEMEANOR.
    7  S 120.85 DOMESTIC ABUSE IN THE FIRST DEGREE.
    8    A PERSON IS GUILTY OF DOMESTIC ABUSE IN THE FIRST DEGREE WHEN:
    9    1.  WITH  INTENT TO CAUSE PHYSICAL INJURY TO HIS OR HER SPOUSE, FORMER
   10  SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR DOMESTIC  PARTNER,  HE  OR
   11  SHE CAUSES SUCH INJURY TO SUCH SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A
   12  CHILD IN COMMON OR DOMESTIC PARTNER, OR TO A THIRD PERSON; OR
   13    2.  HE  OR SHE RECKLESSLY CAUSES PHYSICAL INJURY TO HIS OR HER SPOUSE,
   14  FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR  DOMESTIC  PARTNER;
   15  OR
   16    3.  WITH  CRIMINAL NEGLIGENCE, HE OR SHE CAUSES PHYSICAL INJURY TO HIS
   17  OR HER SPOUSE, FORMER SPOUSE, FELLOW PARENT OF  A  CHILD  IN  COMMON  OR
   18  DOMESTIC PARTNER BY MEANS OF A DEADLY WEAPON OR DANGEROUS INSTRUMENT; OR
   19    4. HE OR SHE COMMITS A CRIME AGAINST HIS OR HER SPOUSE, FORMER SPOUSE,
   20  FELLOW  PARENT  OF  A CHILD IN COMMON OR DOMESTIC PARTNER, AND HE OR SHE
   21  HAS PREVIOUSLY BEEN CONVICTED OF A CRIME  AGAINST  HIS  OR  HER  SPOUSE,
   22  FORMER  SPOUSE,  FELLOW  PARENT OF A CHILD IN COMMON OR DOMESTIC PARTNER
   23  WITHIN THE PRECEDING FIVE YEARS. THE PERSON AGAINST  WHOM  A  CRIME  HAS
   24  BEEN COMMITTED FOR PURPOSES OF CULPABILITY UNDER THIS SUBDIVISION MAY BE
   25  A  DIFFERENT  PERSON THAN WHOM THE PREDICATE CRIME WAS COMMITTED AGAINST
   26  DURING THE PRECEDING FIVE YEARS. FOR PURPOSES OF THIS  SUBDIVISION,  ANY
   27  PERIOD  OF  TIME  DURING  WHICH  THE  DEFENDANT WAS INCARCERATED FOR ANY
   28  REASON BETWEEN THE COMMISSION OF ANY PREVIOUS CRIMES AND THE  COMMISSION
   29  OF THE CRIME IN VIOLATION OF THIS SUBDIVISION SHALL BE EXCLUDED AND SUCH
   30  FIVE  YEAR  PERIOD  SHALL  BE  EXTENDED  BY THE PERIOD OR PERIOD OF TIME
   31  DURING WHICH THE DEFENDANT WAS INCARCERATED.
   32    DOMESTIC ABUSE IN THE FIRST DEGREE IS A CLASS E FELONY.
   33    S 2. The criminal procedure law is amended by  adding  a  new  section
   34  200.64 to read as follows:
   35  S 200.64 INDICTMENT; SPECIAL INFORMATION FOR DOMESTIC ABUSE OFFENDER.
   36    1.  WHENEVER  A  PERSON  IS  CHARGED  WITH THE COMMISSION OR ATTEMPTED
   37  COMMISSION OF DOMESTIC ABUSE IN THE FIRST DEGREE AS DEFINED IN  SUBDIVI-
   38  SION  FOUR OF SECTION 120.85 OF THE PENAL LAW, AN INDICTMENT OR INFORMA-
   39  TION FOR SUCH OFFENSE SHALL BE ACCOMPANIED  BY  A  SPECIAL  INFORMATION,
   40  FILED BY THE DISTRICT ATTORNEY WITH THE COURT, ALLEGING THAT THE DEFEND-
   41  ANT  WAS PREVIOUSLY CONVICTED OF A CRIME, THAT AT THE TIME OF THE PREVI-
   42  OUS CRIME OR AT AN EARLIER TIME THE DEFENDANT  WAS  THE  SPOUSE,  FORMER
   43  SPOUSE,  FELLOW  PARENT  OF  A  CHILD  IN COMMON OR DOMESTIC PARTNER, AS
   44  DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH  CRIME,
   45  AND  THAT  SUCH  PREVIOUS  CONVICTION  TOOK PLACE WITHIN THE TIME PERIOD
   46  SPECIFIED IN SUBDIVISION FOUR  OF  SECTION  120.85  OF  THE  PENAL  LAW.
   47  EXCEPT  AS  PROVIDED  IN  THIS SECTION, THE PEOPLE MAY NOT REFER TO SUCH
   48  SPECIAL INFORMATION DURING TRIAL NOR ADDUCE ANY EVIDENCE CONCERNING  THE
   49  ALLEGATIONS THEREIN.
   50    2.  AT  ANY  TIME BEFORE THE CLOSE OF THE PEOPLE'S CASE, THE COURT, IN
   51  THE ABSENCE OF THE JURY, MUST ARRAIGN THE DEFENDANT UPON  SUCH  INFORMA-
   52  TION  AND  ADVISE  HIM OR HER THAT HE OR SHE MAY ADMIT EACH SUCH ALLEGA-
   53  TION, DENY ANY SUCH ALLEGATION OR REMAIN MUTE WITH RESPECT TO  ANY  SUCH
   54  ALLEGATION.  DEPENDING  UPON  THE DEFENDANT'S RESPONSE, THE TRIAL OF THE
   55  INDICTMENT OR INFORMATION MUST THEN PROCEED AS FOLLOWS:
       A. 3340--A                          3
    1    (A) (I) IF THE PREVIOUS CONVICTION IS OF DOMESTIC ABUSE IN THE  SECOND
    2  DEGREE  AS DEFINED BY SECTION 120.80 OF THE PENAL LAW, AND THE DEFENDANT
    3  ADMITS THE PREVIOUS CONVICTION OR THAT IT TOOK  PLACE  WITHIN  THE  TIME
    4  PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION 120.85 OF THE PENAL LAW,
    5  THE  ADMITTED  ALLEGATION OR ALLEGATIONS SHALL BE DEEMED ESTABLISHED FOR
    6  ALL SUBSEQUENT PURPOSES, INCLUDING SENTENCING PURSUANT TO SECTION  70.00
    7  OF  THE  PENAL LAW. THE COURT MUST SUBMIT THE CASE TO THE JURY AS IF THE
    8  ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF THE OFFENSE. THE
    9  COURT MAY NOT SUBMIT TO THE JURY ANY LESSER INCLUDED  OFFENSE  WHICH  IS
   10  DISTINGUISHED  FROM  THE  OFFENSE  CHARGED  SOLELY  BY THE FACT THAT THE
   11  PREVIOUS CONVICTION IS NOT AN ELEMENT THEREOF.
   12    (II) IF THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR  REMAINS  MUTE
   13  WITH  RESPECT  TO  IT,  THE PEOPLE MAY PROVE THAT ELEMENT OF THE OFFENSE
   14  BEFORE THE JURY AS A PART OF THEIR CASE.
   15    (III) IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK  PLACE
   16  WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION 120.85
   17  OF THE PENAL LAW, OR REMAINS MUTE  WITH  RESPECT  TO  THAT  MATTER,  THE
   18  PEOPLE  MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART OF
   19  THEIR CASE, THAT THE PREVIOUS CONVICTION  TOOK  PLACE  WITHIN  THE  TIME
   20  PERIOD SPECIFIED.
   21    (B)  (I) IF THE PREVIOUS CONVICTION IS FOR A CRIME OTHER THAN DOMESTIC
   22  ABUSE IN THE SECOND DEGREE AS DEFINED BY SECTION  120.80  OF  THE  PENAL
   23  LAW,  AND  THE  DEFENDANT  ADMITS  THE PREVIOUS CONVICTION, THAT IT TOOK
   24  PLACE WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION  FOUR  OF  SECTION
   25  120.85  OF  THE  PENAL LAW, OR THAT THE DEFENDANT WAS THE SPOUSE, FORMER
   26  SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR  DOMESTIC  PARTNER  AS
   27  DEFINED  IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH CRIME,
   28  THE ADMITTED ALLEGATION OR ALLEGATIONS SHALL BE DEEMED  ESTABLISHED  FOR
   29  ALL  SUBSEQUENT PURPOSES, INCLUDING SENTENCING PURSUANT TO SECTION 70.00
   30  OF THE PENAL LAW. THE COURT MUST SUBMIT THE CASE TO THE JURY AS  IF  THE
   31  ADMITTED ALLEGATION OR ALLEGATIONS WERE NOT ELEMENTS OF THE OFFENSE. THE
   32  COURT  MAY  NOT  SUBMIT TO THE JURY ANY LESSER INCLUDED OFFENSE WHICH IS
   33  DISTINGUISHED FROM THE OFFENSE CHARGED  SOLELY  BY  THE  FACT  THAT  THE
   34  PREVIOUS CONVICTION IS NOT AN ELEMENT THEREOF.
   35    (II)  IF  THE DEFENDANT DENIES THE PREVIOUS CONVICTION OR REMAINS MUTE
   36  WITH RESPECT TO IT, THE PEOPLE MAY PROVE THAT  ELEMENT  OF  THE  OFFENSE
   37  BEFORE THE JURY AS A PART OF THEIR CASE.
   38    (III)  IF THE DEFENDANT DENIES THAT THE PREVIOUS CONVICTION TOOK PLACE
   39  WITHIN THE TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF  SECTION  120.85
   40  OF  THE  PENAL  LAW,  OR  REMAINS  MUTE WITH RESPECT TO THAT MATTER, THE
   41  PEOPLE MAY PROVE, BEYOND A REASONABLE DOUBT, BEFORE THE JURY AS PART  OF
   42  THEIR  CASE,  THAT  THE  PREVIOUS  CONVICTION TOOK PLACE WITHIN THE TIME
   43  PERIOD SPECIFIED.
   44    (IV) IF THE DEFENDANT DENIES THAT THE DEFENDANT WAS THE SPOUSE, FORMER
   45  SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR  DOMESTIC  PARTNER  AS
   46  DEFINED  IN SECTION 120.75 OF THE PENAL LAW OF THE VICTIM OF SUCH PREVI-
   47  OUS CRIME, OR REMAINS MUTE WITH RESPECT TO THAT MATTER, THE  PEOPLE  MAY
   48  PROVE  THAT  ELEMENT  OF  THE OFFENSE BEFORE THE JURY AS A PART OF THEIR
   49  CASE.
   50    3. NOTWITHSTANDING SUBDIVISION ONE, AND SUBPARAGRAPH (I) OF  PARAGRAPH
   51  (A)  AND  SUBPARAGRAPH  (I)  OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS
   52  SECTION, IF EVIDENCE REGARDING THE PRIOR CONVICTION, OR THAT THE DEFEND-
   53  ANT WAS THE SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A CHILD IN COMMON OR
   54  DOMESTIC PARTNER AS DEFINED IN SECTION 120.75 OF THE PENAL  LAW  OF  THE
   55  VICTIM  OF  SUCH  PREVIOUS CRIME, IS RELEVANT TO HELP PROVE THE CRIME OR
       A. 3340--A                          4
    1  CRIMES CHARGED IN THE INDICTMENT OR INFORMATION, SUCH EVIDENCE SHALL  BE
    2  ADMISSIBLE.
    3    4.  A  DETERMINATION PURSUANT TO THIS SECTION THAT THE DEFENDANT HAS A
    4  PREVIOUS CONVICTION, THAT AT THE TIME OF THE PRIOR OFFENSE THE DEFENDANT
    5  WAS THE SPOUSE, FORMER SPOUSE, FELLOW PARENT OF A  CHILD  IN  COMMON  OR
    6  DOMESTIC  PARTNER  AS  DEFINED IN SECTION 120.75 OF THE PENAL LAW OF THE
    7  VICTIM OF SUCH PREVIOUS CRIME, OR  THAT  THE  PREVIOUS  CONVICTION  TOOK
    8  PLACE  WITHIN  THE  TIME PERIOD SPECIFIED IN SUBDIVISION FOUR OF SECTION
    9  120.85 OF THE PENAL LAW, SHALL BE BINDING IN ANY  FUTURE  PROCEEDING  IN
   10  WHICH  THE  ISSUE MAY ARISE UNLESS THE CONVICTION FOR THE DOMESTIC ABUSE
   11  OFFENSE CHARGED IN THE INDICTMENT OR INFORMATION IS VACATED OR REVERSED.
   12    S 3. Subdivision 1 of section 370.15 of the criminal procedure law, as
   13  added by chapter 258 of the laws of 2011, is amended to read as follows:
   14    1. When a defendant has been charged with assault or attempted assault
   15  in the third degree as defined in sections  120.00  and  110.00  of  the
   16  penal  law,  menacing  or  attempted  menacing  in  the second degree as
   17  defined in sections 120.14 and 110.00 of the penal law,  DOMESTIC  ABUSE
   18  OR  ATTEMPTED DOMESTIC ABUSE IN THE SECOND DEGREE AS DEFINED IN SECTIONS
   19  120.80 AND 110.00 OF THE PENAL LAW, criminal obstruction of breathing or
   20  blood circulation or attempted  criminal  obstruction  of  breathing  or
   21  blood  circulation as defined in sections 121.11 and 110.00 of the penal
   22  law, or forcible touching or attempted forcible touching as  defined  in
   23  sections 130.52 and 110.00 of the penal law, the people may, at arraign-
   24  ment or no later than forty-five days after arraignment, for the purpose
   25  of notification to the division of criminal justice services pursuant to
   26  section  380.97  of  this part, serve on the defendant and file with the
   27  court a notice alleging that the defendant is related or situated to the
   28  victim  of  the  crime  in   the   manner   specified   in   18   U.S.C.
   29  921(a)(33)(A)(ii).
   30    S 4. Section 380.97 of the criminal procedure law, as added by chapter
   31  258 of the laws of 2011, is amended to read as follows:
   32  S 380.97 Notification to division of criminal justice services of deter-
   33             minations in certain misdemeanor cases.
   34    Upon  judgment  of  conviction  of assault or attempted assault in the
   35  third degree, as defined in sections 120.00 and 110.00 of the penal law,
   36  menacing or attempted menacing in  the  second  degree,  as  defined  in
   37  section  120.14 and 110.00 of the penal law, DOMESTIC ABUSE OR ATTEMPTED
   38  DOMESTIC ABUSE IN THE SECOND DEGREE AS DEFINED IN  SECTIONS  120.80  AND
   39  110.00  OF  THE  PENAL  LAW,  criminal obstruction of breathing or blood
   40  circulation or attempted criminal  obstruction  of  breathing  or  blood
   41  circulation,  as defined in sections 121.11 and 110.00 of the penal law,
   42  forcible touching or attempted forcible touching, as defined in sections
   43  130.52 and 110.00 of the penal law, when the defendant has  been  deter-
   44  mined,  pursuant  to section 370.15 of this part, to be related or situ-
   45  ated to the victim of the offense in the manner specified in  18  U.S.C.
   46  921(a)(33)(A)(ii), the clerk of the court shall include notification and
   47  a  copy  of  the written determination in a report of such conviction to
   48  the division of criminal justice services  to  enable  the  division  to
   49  report  such  determination  to  the federal bureau of investigation and
   50  assist the bureau in identifying persons prohibited from purchasing  and
   51  possessing a firearm pursuant to the provisions of 18 U.S.C. 922.
   52    S  5.  The opening paragraph of subdivision 1 of section 530.11 of the
   53  criminal procedure law, as amended by chapter 526 of the laws  of  2013,
   54  is amended to read as follows:
   55    The  family court and the criminal courts shall have concurrent juris-
   56  diction over any  proceeding  concerning  acts  which  would  constitute
       A. 3340--A                          5
    1  disorderly  conduct,  harassment  in the first degree, harassment in the
    2  second degree, aggravated harassment  in  the  second  degree,  DOMESTIC
    3  ABUSE  IN  THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND DEGREE, sexual
    4  misconduct,  forcible touching, sexual abuse in the third degree, sexual
    5  abuse in the second degree as set forth in subdivision  one  of  section
    6  130.60  of  the penal law, stalking in the first degree, stalking in the
    7  second degree, stalking in the third  degree,  stalking  in  the  fourth
    8  degree,  criminal  mischief,  menacing in the second degree, menacing in
    9  the third degree, reckless  endangerment,  strangulation  in  the  first
   10  degree,  strangulation  in  the  second  degree, criminal obstruction of
   11  breathing or blood circulation, assault in the second degree, assault in
   12  the third degree, an attempted assault,  identity  theft  in  the  first
   13  degree, identity theft in the second degree, identity theft in the third
   14  degree,  grand  larceny in the fourth degree, grand larceny in the third
   15  degree or coercion in the second degree as  set  forth  in  subdivisions
   16  one, two and three of section 135.60 of the penal law between spouses or
   17  former  spouses,  or  between parent and child or between members of the
   18  same family or household except that if  the  respondent  would  not  be
   19  criminally responsible by reason of age pursuant to section 30.00 of the
   20  penal  law, then the family court shall have exclusive jurisdiction over
   21  such proceeding. Notwithstanding a complainant's election to proceed  in
   22  family  court,  the criminal court shall not be divested of jurisdiction
   23  to hear a family  offense  proceeding  pursuant  to  this  section.  For
   24  purposes  of  this  section,  "disorderly  conduct"  includes disorderly
   25  conduct not in a public place. For purposes of this section, "members of
   26  the same family or household" with respect to a proceeding in the crimi-
   27  nal courts shall mean the following:
   28    S 6. The opening paragraph of subdivision 1  of  section  812  of  the
   29  family  court  act,  as  amended  by chapter 526 of the laws of 2013, is
   30  amended to read as follows:
   31    The family court and the criminal courts shall have concurrent  juris-
   32  diction  over  any  proceeding  concerning  acts  which would constitute
   33  disorderly conduct, harassment in the first degree,  harassment  in  the
   34  second  degree,  aggravated  harassment  in  the second degree, DOMESTIC
   35  ABUSE IN THE FIRST DEGREE, DOMESTIC ABUSE IN THE SECOND  DEGREE,  sexual
   36  misconduct,  forcible touching, sexual abuse in the third degree, sexual
   37  abuse in the second degree as set forth in subdivision  one  of  section
   38  130.60  of  the penal law, stalking in the first degree, stalking in the
   39  second degree, stalking in the third  degree,  stalking  in  the  fourth
   40  degree,  criminal  mischief,  menacing in the second degree, menacing in
   41  the third degree, reckless endangerment, criminal obstruction of breath-
   42  ing or blood circulation, strangulation in the second degree, strangula-
   43  tion in the first degree, assault in the second degree, assault  in  the
   44  third  degree, an attempted assault, identity theft in the first degree,
   45  identity theft in the second degree, identity theft in the third degree,
   46  grand larceny in the fourth degree, grand larceny in the third degree or
   47  coercion in the second degree as set forth in subdivisions one, two  and
   48  three  of  section  135.60  of  the  penal law between spouses or former
   49  spouses, or between parent and child or  between  members  of  the  same
   50  family or household except that if the respondent would not be criminal-
   51  ly  responsible  by reason of age pursuant to section 30.00 of the penal
   52  law, then the family court shall have exclusive jurisdiction  over  such
   53  proceeding. Notwithstanding a complainant's election to proceed in fami-
   54  ly  court,  the  criminal court shall not be divested of jurisdiction to
   55  hear a family offense  proceeding  pursuant  to  this  section.  In  any
   56  proceeding  pursuant to this article, a court shall not deny an order of
       A. 3340--A                          6
    1  protection, or dismiss a petition, solely on the basis that the acts  or
    2  events  alleged  are not relatively contemporaneous with the date of the
    3  petition, the conclusion of the fact-finding or the  conclusion  of  the
    4  dispositional   hearing.  For  purposes  of  this  article,  "disorderly
    5  conduct" includes disorderly conduct not in a public place. For purposes
    6  of this article, "members of the same family or  household"  shall  mean
    7  the following:
    8    S 7. This act shall take effect on the first of November next succeed-
    9  ing the date on which it shall have become a law.