Bill Text: NY S05306 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to establishing the crime of coercive control; provides that a person is guilty of coercive control when he or she engages in a course of conduct against a member of his or her same family or household, without the victim's consent, which results in limiting or restricting, in full or in part, the victim's behavior, movement, associations or access to or use of his or her own finances or financial information; and provides that coercive control is a class E felony.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CODES [S05306 Detail]

Download: New_York-2019-S05306-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5306
                               2019-2020 Regular Sessions
                    IN SENATE
                                     April 24, 2019
                                       ___________
        Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
        AN ACT to amend the penal law, in relation to establishing the crime  of
          coercive control
          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 a new section 135.80  to
     2  read as follows:
     3  § 135.80 Coercive control.
     4    A  person  is  guilty  of coercive control when he or she engages in a
     5  course of conduct against a member of his or her same family  or  house-
     6  hold,  as defined in section 530.11 of the criminal procedure law, with-
     7  out the victim's consent, which results in limiting or  restricting,  in
     8  full or in part, the victim's behavior, movement, associations or access
     9  to  or use of his or her own finances or financial information.  For the
    10  purposes of this section, lack of consent results from forcible  compul-
    11  sion,  as  defined in subdivision eight of section 130.00 of this title,
    12  or from fear that refusal to consent  will  result  in  further  actions
    13  limiting or restricting the victim's behavior, movement, associations or
    14  access  to  or  use of his or her own finances or financial information.
    15  This section shall not apply  to  actions  taken  pursuant  to  a  legal
    16  arrangement  granting one person power or authority over another person,
    17  including, but not limited to, power of attorney arrangements as defined
    18  in paragraph (j) of subdivision two of section  5-1501  of  the  general
    19  obligations  law,  guardians  of  the  property  or person as defined in
    20  subdivisions (c) and (d) of section 83.03 of the mental hygiene law,  or
    21  parental control of a minor child.
    22    Coercive control is a class E felony.
    23    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11291-01-9