Bill Text: NY A10852 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to enacting the "New York State Phoenix Act"; extends the statute of limitations for certain family offenses to ten years; establishes the crime of coercive control.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2020-09-09 - print number 10852a [A10852 Detail]
Download: New_York-2019-A10852-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 10852--A IN ASSEMBLY July 24, 2020 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cruz, Jaffee) -- read once and referred to the Committee on Codes -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, the executive law and the penal law, in relation to enacting the "New York State Phoenix Act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 State Phoenix Act". 3 § 2. Legislative findings. The legislature finds and declares all of 4 the following: 5 1. More than one in three women and one in four men in the United 6 States have experienced rape, physical violence, or stalking by an inti- 7 mate partner in their lifetime. 8 2. One in five female high school students report being physically or 9 sexually assaulted by a dating partner. 10 3. Many perpetrators of domestic violence were themselves abused. 11 4. Better education and resources can help prevent domestic violence 12 from occurring. 13 5. When domestic violence occurs, the statute of limitations varies 14 depending on the crime committed. 15 6. Victims may not report a crime for myriad reasons, including their 16 age at the time of abuse, ongoing trauma, threats from the perpetrator, 17 or lack of evidence. 18 7. Without resources or any intervention, many perpetrators of domes- 19 tic violence will abuse multiple partners. 20 8. It is the intent of the legislature to allow for victims of domes- 21 tic violence to come forward by extending the statute of limitations in 22 order to ensure those victims see justice. 23 9. It is the intent of the legislature to increase training for law 24 enforcement to ensure victims are protected and to prevent future domes- 25 tic violence from occurring. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16736-04-0A. 10852--A 2 1 § 3. Subdivision 3 of section 30.10 of the criminal procedure law is 2 amended by adding a new paragraph (h) to read as follows: 3 (h) A prosecution of any family offense defined in subdivision one of 4 section 530.11 of this chapter with a period of limitation of less than 5 ten years may be commenced within ten years of the commission thereof. 6 § 4. Section 214-b of the executive law, as amended by chapter 432 of 7 the laws of 2015, is amended to read as follows: 8 § 214-b. Family offense intervention. The superintendent shall, for 9 all members of the state police including new and veteran officers, 10 develop, maintain and disseminate, in consultation with the state office 11 for the prevention of domestic violence, written policies and procedures 12 consistent with article eight of the family court act and applicable 13 provisions of the criminal procedure and domestic relations laws, 14 regarding the investigation of and intervention in incidents of family 15 offenses. The written policies and procedures shall include a brief 16 current and historical context on communities of color impacted by 17 incarceration and violence, enforcement of criminal laws in family 18 offense situations, availability of civil remedies and community 19 resources, and protection of the victim. Such policies and procedures 20 shall make provision for education and training in the interpretation 21 and enforcement of New York's family offense laws, including but not 22 limited to: 23 (a) techniques for handling incidents of family offenses that minimize 24 the likelihood of injury to the officer and that promote the safety of 25 the victim. These techniques shall include, but are not limited to, the 26 following: 27 (i) methods for ensuring victim interviews occur in a venue separate 28 from the alleged perpetrator and with appropriate sound barriers to 29 prevent the conversation from being overheard; 30 (ii) intake and recording of victim statements, and the prompt trans- 31 lation of such statements if made in a language other than English, in 32 accordance with [subdivision (c)] paragraph (iv) of this [section] 33 subdivision, on a standardized "domestic violence incident report form" 34 promulgated by the state division of criminal justice services in 35 consultation with the superintendent and with the state office for the 36 prevention of domestic violence, and the investigation thereof so as to 37 ascertain whether a crime has been committed against the victim by a 38 member of the victim's family or household as such terms are defined in 39 section eight hundred twelve of the family court act and section 530.11 40 of the criminal procedure law; and 41 [(b)] (iii) the need for immediate intervention in family offenses 42 including the arrest and detention of alleged offenders, pursuant to 43 subdivision four of section 140.10 of the criminal procedure law, and 44 notifying victims of their rights, in their native language, if identi- 45 fied as other than English, in accordance with [subdivision (c)] para- 46 graph (iv) of this [section] subdivision, including but not limited to 47 immediately providing the victim with the written notice provided in 48 subdivision six of section 530.11 of the criminal procedure law and 49 subdivision five of section eight hundred twelve of the family court 50 act. 51 [(c)] (iv) The superintendent, in consultation with the division of 52 criminal justice services and the office for the prevention of domestic 53 violence shall determine the languages in which such translation 54 required by [subdivision (a)] paragraph (ii) of this [section] subdivi- 55 sion, and the notification required pursuant to [subdivision (b)] para- 56 graph (iii) of this [section] subdivision, shall be provided. SuchA. 10852--A 3 1 determination shall be based on the size of the New York state popu- 2 lation that speaks each language and any other relevant factor. Such 3 written notice required pursuant to [subdivision (b)] paragraph (iii) of 4 this [section] subdivision shall be made available to all state police 5 officers in the state[.]; 6 (b) the nature and extent of family offenses; 7 (c) the signs of family offenses; 8 (d) criminal conduct that may be related to family offenses, includ- 9 ing, but not limited to, any of the following: 10 (i) coercion for purposes of committing or impeding the investigation 11 or prosecution of family offenses; 12 (ii) unlawful imprisonment, as defined in article one hundred thirty- 13 five of the penal law; 14 (iii) extortion and the use of fear; 15 (iv) crimes of fraud as defined in article one hundred ninety of the 16 penal law; and 17 (v) unlawful dissemination or publication of an intimate image; 18 (e) the assessment of lethality or signs of lethal violence in family 19 offense situations; 20 (f) the legal rights of, and remedies available to, victims of family 21 offenses; 22 (g) documentation, report writing, and evidence collection; 23 (h) family offense diversion; 24 (i) tenancy issues and family offenses; 25 (j) the impact on children of law enforcement intervention in family 26 offenses; 27 (k) the services and facilities available to victims and offenders; 28 (l) the use and applications of the penal law in family offense situ- 29 ations; 30 (m) verification and enforcement of orders of protection when 31 (i) the suspect is present and (ii) the suspect has fled; 32 (n) cite and release policies; and 33 (o) emergency assistance to victims and how to assist victims in 34 pursuing criminal justice options. 35 § 5. Paragraph (f) of subdivision 3 of section 840 of the executive 36 law, as amended by chapter 432 of the laws of 2015, is amended to read 37 as follows: 38 (f) Develop, maintain and disseminate, in consultation with the state 39 office for the prevention of domestic violence, written policies and 40 procedures and a course or courses of instruction consistent with arti- 41 cle eight of the family court act and applicable provisions of the crim- 42 inal procedure and domestic relations laws, regarding the investigation 43 of and intervention by new and veteran police officers in incidents of 44 family offenses. The course or courses of instruction and the written 45 polices and procedures shall include a brief current and historical 46 context on communities of color impacted by incarceration and violence, 47 enforcement of criminal laws in family offense situations, availability 48 of civil remedies and community resources, and protection of the victim. 49 If appropriate, the training presenters shall include family offense 50 experts, who may include victims and people who have committed family 51 offenses and have been or are in the process of being rehabilitated, 52 with expertise in the delivery of direct services to victims and people 53 who have committed family offenses, including, but not limited to, 54 utilizing the staff of shelters for victims. Such courses of instruction 55 and policies and procedures shall make provisions for education andA. 10852--A 4 1 training in the interpretation and enforcement of New York's family 2 offense laws, including but not limited to: 3 (1) techniques for handling incidents of family offenses that minimize 4 the likelihood of injury to the officer and that promote the safety of 5 the victim. These techniques shall include, but are not limited to, the 6 following: 7 (i) methods for ensuring victim interviews occur in a venue separate 8 from the alleged perpetrator and with appropriate sound barriers to 9 prevent the conversation from being overheard; 10 (ii) intake and recording of victim statements, and the prompt trans- 11 lation of such statements if made in a language other than English, in 12 accordance with [subparagraph three] clause (iv) of this [paragraph] 13 subparagraph, on a standardized "domestic violence incident report form" 14 promulgated by the division of criminal justice services in consultation 15 with the superintendent of state police, representatives of local police 16 forces and the state office for the prevention of domestic violence, and 17 the investigation thereof so as to ascertain whether a crime has been 18 committed against the victim by a member of the victim's family or 19 household as such terms are defined in section eight hundred twelve of 20 the family court act and section 530.11 of the criminal procedure law; 21 and 22 [(2)] (iii) the need for immediate intervention in family offenses 23 including the arrest and detention of alleged offenders, pursuant to 24 subdivision four of section 140.10 of the criminal procedure law, and 25 notifying victims of their rights, in their native language, if identi- 26 fied as other than English, in accordance with [subparagraph three] 27 clause (iv) of this [paragraph] subparagraph, including but not limited 28 to immediately providing the victim with the written notice required in 29 subdivision six of section 530.11 of the criminal procedure law and 30 subdivision five of section eight hundred twelve of the family court 31 act; 32 [(3)] (iv) determine, in consultation with the superintendent of state 33 police and the office for the prevention of domestic violence, the 34 languages in which such translation required by [subparagraph one] 35 clause (ii) of this [paragraph] subparagraph, and the notification 36 required by [subparagraph two] clause (iii) of this [paragraph] subpara- 37 graph, shall be provided. Such determination shall be based on the size 38 of the New York state population that speaks each language and any other 39 relevant factor. Such written notice required pursuant to [subparagraph40two] clause (iii) of this [paragraph] subparagraph shall be made avail- 41 able to all local law enforcement agencies throughout the state. Nothing 42 in this [paragraph] subparagraph shall prevent the council from using 43 the determinations made by the superintendent of state police pursuant 44 to paragraph (iv) of subdivision [(c)] (a) of section two hundred four- 45 teen-b of this chapter; 46 (2) the nature and extent of family offenses; 47 (3) the signs of family offenses; 48 (4) criminal conduct that may be related to family offenses, includ- 49 ing, but not limited to, any of the following: 50 (i) coercion for purposes of committing or impeding the investigation 51 or prosecution of family offenses; 52 (ii) unlawful imprisonment, as defined in article one hundred thirty- 53 five of the penal law; 54 (iii) extortion and the use of fear; 55 (iv) crimes of fraud as defined in article one hundred ninety of the 56 penal law; andA. 10852--A 5 1 (v) unlawful dissemination or publication of an intimate image; 2 (5) the assessment of lethality or signs of lethal violence in family 3 offense situations; 4 (6) the legal rights of, and remedies available to, victims of family 5 offenses; 6 (7) documentation, report writing, and evidence collection; 7 (8) family offense diversion; 8 (9) tenancy issues and family offenses; 9 (10) the impact on children of law enforcement intervention in family 10 offenses; 11 (11) the services and facilities available to victims and offenders; 12 (12) the use and applications of the penal law in family offense situ- 13 ations; 14 (13) verification and enforcement of orders of protection when 15 (i) the suspect is present and (ii) the suspect has fled; 16 (14) cite and release policies; and 17 (15) emergency assistance to victims and how to assist victims in 18 pursuing criminal justice options; 19 § 6. The penal law is amended by adding a new section 135.80 to read 20 as follows: 21 § 135.80 Coercive control. 22 A person is guilty of coercive control when one engages in a pattern 23 of acts against a spouse or former spouse, between a parent and child or 24 between members of one's same family or household, as defined in section 25 530.11 of the criminal procedure law, without the victim's consent, 26 which results in limiting or restricting, in full or in part, the 27 victim's behavior, movement, associations or access to or use of his or 28 her own finances or financial information. For the purposes of this 29 section, lack of consent results from forcible compulsion, as defined in 30 subdivision eight of section 130.00 of this title, or from fear that 31 refusal to consent will result in further actions limiting or restrict- 32 ing the victim's behavior, movement, associations or access to or use of 33 his or her own finances or financial information. This section shall not 34 apply to actions taken pursuant to a legal arrangement granting one 35 person power or authority over another person, including, but not limit- 36 ed to, power of attorney arrangements as defined in paragraph (j) of 37 subdivision two of section 5-1501 of the general obligations law, guard- 38 ians of the property or person as defined in subdivisions (c) and (d) of 39 section 83.03 of the mental hygiene law, or parental control of a minor 40 child. 41 Coercive control is a class E felony. 42 § 7. This act shall take effect on the first of January next succeed- 43 ing the date upon which it shall have become a law; provided that 44 section three of this act shall apply to crimes committed on or after 45 such date and to crimes for which the statute of limitations that was in 46 effect prior to such date has not elapsed as of such date.
