S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1966
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2021
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Codes
 
 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:

   Section 1. This act shall be known and may be cited as the  "New  York
 State Phoenix Act".
   §  2.  Legislative findings. The legislature finds and declares all of
 the following:
   1. More than one in three women and one in  four  men  in  the  United
 States have experienced rape, physical violence, or stalking by an inti-
 mate partner in their lifetime.
   2.  One in five female high school students report being physically or
 sexually assaulted by a dating partner.
   3. Many perpetrators of domestic violence were themselves abused.
   4. Better education and resources can help prevent  domestic  violence
 from occurring.
   5.  When  domestic  violence occurs, the statute of limitations varies
 depending on the crime committed.
   6. Victims may not report a crime for myriad reasons, including  their
 age  at the time of abuse, ongoing trauma, threats from the perpetrator,
 or lack of evidence.
   7. Without resources or any intervention, many perpetrators of  domes-
 tic violence will abuse multiple partners.
   8.  It is the intent of the legislature to allow for victims of domes-
 tic violence to come forward by extending the statute of limitations  in
 order to ensure those victims see justice.
   9.  It  is  the intent of the legislature to increase training for law
 enforcement to ensure victims are protected and to prevent future domes-
 tic violence from occurring.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06181-01-1

 A. 1966                             2

   § 3. Subdivision 3 of section 30.10 of the criminal procedure  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  A PROSECUTION OF ANY FAMILY OFFENSE DEFINED IN SUBDIVISION ONE OF
 SECTION 530.11 OF THIS CHAPTER WITH A PERIOD OF LIMITATION OF LESS  THAN
 TEN YEARS MAY BE COMMENCED WITHIN TEN YEARS OF THE COMMISSION THEREOF.
   §  4. Section 214-b of the executive law, as amended by chapter 432 of
 the laws of 2015, is amended to read as follows:
   § 214-b. Family offense intervention. The  superintendent  shall,  for
 all  members  of  the  state  police including new and veteran officers,
 develop, maintain and disseminate, in consultation with the state office
 for the prevention of domestic violence, written policies and procedures
 consistent with article eight of the family  court  act  and  applicable
 provisions  of  the  criminal  procedure  and  domestic  relations laws,
 regarding the investigation of and intervention in incidents  of  family
 offenses.  THE  WRITTEN  POLICIES  AND  PROCEDURES SHALL INCLUDE A BRIEF
 CURRENT AND HISTORICAL CONTEXT  ON  COMMUNITIES  OF  COLOR  IMPACTED  BY
 INCARCERATION  AND  VIOLENCE,  ENFORCEMENT  OF  CRIMINAL  LAWS IN FAMILY
 OFFENSE  SITUATIONS,  AVAILABILITY  OF  CIVIL  REMEDIES  AND   COMMUNITY
 RESOURCES,  AND  PROTECTION  OF THE VICTIM. Such policies and procedures
 shall make provision for education and training  in  the  interpretation
 and  enforcement  of  New  York's family offense laws, including but not
 limited to:
   (a) TECHNIQUES FOR HANDLING INCIDENTS OF FAMILY OFFENSES THAT MINIMIZE
 THE LIKELIHOOD OF INJURY TO THE OFFICER AND THAT PROMOTE THE  SAFETY  OF
 THE  VICTIM. THESE TECHNIQUES SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE
 FOLLOWING:
   (I) METHODS FOR ENSURING VICTIM INTERVIEWS OCCUR IN A  VENUE  SEPARATE
 FROM  THE  ALLEGED  PERPETRATOR  AND  WITH APPROPRIATE SOUND BARRIERS TO
 PREVENT THE CONVERSATION FROM BEING OVERHEARD;
   (II) intake and recording of victim statements, and the prompt  trans-
 lation  of  such statements if made in a language other than English, in
 accordance with [subdivision  (c)]  PARAGRAPH  (IV)  of  this  [section]
 SUBDIVISION,  on a standardized "domestic violence incident report form"
 promulgated by the  state  division  of  criminal  justice  services  in
 consultation  with  the superintendent and with the state office for the
 prevention of domestic violence, and the investigation thereof so as  to
 ascertain  whether  a  crime  has been committed against the victim by a
 member of the victim's family or household as such terms are defined  in
 section  eight hundred twelve of the family court act and section 530.11
 of the criminal procedure law; AND
   [(b)] (III) the need for immediate  intervention  in  family  offenses
 including  the  arrest  and  detention of alleged offenders, pursuant to
 subdivision four of section 140.10 of the criminal  procedure  law,  and
 notifying  victims of their rights, in their native language, if identi-
 fied as other than English, in accordance with [subdivision  (c)]  PARA-
 GRAPH  (IV)  of this [section] SUBDIVISION, including but not limited to
 immediately providing the victim with the  written  notice  provided  in
 subdivision  six  of  section  530.11  of the criminal procedure law and
 subdivision five of section eight hundred twelve  of  the  family  court
 act.
   [(c)]  (IV)  The  superintendent, in consultation with the division of
 criminal justice services and the office for the prevention of  domestic
 violence  shall  determine  the  languages  in  which  such  translation
 required by [subdivision (a)] PARAGRAPH (II) of this [section]  SUBDIVI-
 SION,  and the notification required pursuant to [subdivision (b)] PARA-
 GRAPH (III) of this  [section]  SUBDIVISION,  shall  be  provided.  Such

 A. 1966                             3
 
 determination  shall  be  based  on the size of the New York state popu-
 lation that speaks each language and any  other  relevant  factor.  Such
 written notice required pursuant to [subdivision (b)] PARAGRAPH (III) of
 this  [section]  SUBDIVISION shall be made available to all state police
 officers in the state[.];
   (B) THE NATURE AND EXTENT OF FAMILY OFFENSES;
   (C) THE SIGNS OF FAMILY OFFENSES;
   (D) CRIMINAL CONDUCT THAT MAY BE RELATED TO FAMILY  OFFENSES,  INCLUD-
 ING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
   (I)  COERCION FOR PURPOSES OF COMMITTING OR IMPEDING THE INVESTIGATION
 OR PROSECUTION OF FAMILY OFFENSES;
   (II) UNLAWFUL IMPRISONMENT, AS DEFINED IN ARTICLE ONE HUNDRED  THIRTY-
 FIVE OF THE PENAL LAW;
   (III) EXTORTION AND THE USE OF FEAR;
   (IV)  CRIMES  OF FRAUD AS DEFINED IN ARTICLE ONE HUNDRED NINETY OF THE
 PENAL LAW; AND
   (V) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE;
   (E) THE ASSESSMENT OF LETHALITY OR SIGNS OF LETHAL VIOLENCE IN  FAMILY
 OFFENSE SITUATIONS;
   (F)  THE LEGAL RIGHTS OF, AND REMEDIES AVAILABLE TO, VICTIMS OF FAMILY
 OFFENSES;
   (G) DOCUMENTATION, REPORT WRITING, AND EVIDENCE COLLECTION;
   (H) FAMILY OFFENSE DIVERSION;
   (I) TENANCY ISSUES AND FAMILY OFFENSES;
   (J) THE IMPACT ON CHILDREN OF LAW ENFORCEMENT INTERVENTION  IN  FAMILY
 OFFENSES;
   (K) THE SERVICES AND FACILITIES AVAILABLE TO VICTIMS AND OFFENDERS;
   (L)  THE USE AND APPLICATIONS OF THE PENAL LAW IN FAMILY OFFENSE SITU-
 ATIONS;
   (M) VERIFICATION AND ENFORCEMENT OF ORDERS OF PROTECTION WHEN
   (I) THE SUSPECT IS PRESENT AND (II) THE SUSPECT HAS FLED;
   (N) CITE AND RELEASE POLICIES; AND
   (O) EMERGENCY ASSISTANCE TO VICTIMS  AND  HOW  TO  ASSIST  VICTIMS  IN
 PURSUING CRIMINAL JUSTICE OPTIONS.
   §  5.  Paragraph  (f) of subdivision 3 of section 840 of the executive
 law, as amended by chapter 432 of the laws of 2015, is amended  to  read
 as follows:
   (f)  Develop, maintain and disseminate, in consultation with the state
 office for the prevention of domestic  violence,  written  policies  and
 procedures  AND A COURSE OR COURSES OF INSTRUCTION consistent with arti-
 cle eight of the family court act and applicable provisions of the crim-
 inal procedure and domestic relations laws, regarding the  investigation
 of  and  intervention by new and veteran police officers in incidents of
 family offenses.  THE COURSE OR COURSES OF INSTRUCTION AND  THE  WRITTEN
 POLICES  AND  PROCEDURES  SHALL  INCLUDE  A BRIEF CURRENT AND HISTORICAL
 CONTEXT ON COMMUNITIES OF COLOR IMPACTED BY INCARCERATION AND  VIOLENCE,
 ENFORCEMENT  OF CRIMINAL LAWS IN FAMILY OFFENSE SITUATIONS, AVAILABILITY
 OF CIVIL REMEDIES AND COMMUNITY RESOURCES, AND PROTECTION OF THE VICTIM.
 IF APPROPRIATE, THE TRAINING PRESENTERS  SHALL  INCLUDE  FAMILY  OFFENSE
 EXPERTS,  WHO  MAY  INCLUDE VICTIMS AND PEOPLE WHO HAVE COMMITTED FAMILY
 OFFENSES AND HAVE BEEN OR ARE IN THE  PROCESS  OF  BEING  REHABILITATED,
 WITH  EXPERTISE IN THE DELIVERY OF DIRECT SERVICES TO VICTIMS AND PEOPLE
 WHO HAVE COMMITTED FAMILY  OFFENSES,  INCLUDING,  BUT  NOT  LIMITED  TO,
 UTILIZING THE STAFF OF SHELTERS FOR VICTIMS. Such COURSES OF INSTRUCTION
 AND  policies  and  procedures  shall  make provisions for education and

 A. 1966                             4
 
 training in the interpretation and  enforcement  of  New  York's  family
 offense laws, including but not limited to:
   (1) TECHNIQUES FOR HANDLING INCIDENTS OF FAMILY OFFENSES THAT MINIMIZE
 THE  LIKELIHOOD  OF INJURY TO THE OFFICER AND THAT PROMOTE THE SAFETY OF
 THE VICTIM. THESE TECHNIQUES SHALL INCLUDE, BUT ARE NOT LIMITED TO,  THE
 FOLLOWING:
   (I)  METHODS  FOR ENSURING VICTIM INTERVIEWS OCCUR IN A VENUE SEPARATE
 FROM THE ALLEGED PERPETRATOR AND  WITH  APPROPRIATE  SOUND  BARRIERS  TO
 PREVENT THE CONVERSATION FROM BEING OVERHEARD;
   (II)  intake and recording of victim statements, and the prompt trans-
 lation of such statements if made in a language other than  English,  in
 accordance  with  [subparagraph  three]  CLAUSE (IV) of this [paragraph]
 SUBPARAGRAPH, on a standardized "domestic violence incident report form"
 promulgated by the division of criminal justice services in consultation
 with the superintendent of state police, representatives of local police
 forces and the state office for the prevention of domestic violence, and
 the investigation thereof so as to ascertain whether a  crime  has  been
 committed  against  the  victim  by  a  member of the victim's family or
 household as such terms are defined in section eight hundred  twelve  of
 the  family  court act and section 530.11 of the criminal procedure law;
 and
   [(2)] (III) the need for immediate  intervention  in  family  offenses
 including  the  arrest  and  detention of alleged offenders, pursuant to
 subdivision four of section 140.10 of the criminal  procedure  law,  and
 notifying  victims of their rights, in their native language, if identi-
 fied as other than English,  in  accordance  with  [subparagraph  three]
 CLAUSE  (IV) of this [paragraph] SUBPARAGRAPH, including but not limited
 to immediately providing the victim with the written notice required  in
 subdivision  six  of  section  530.11  of the criminal procedure law and
 subdivision five of section eight hundred twelve  of  the  family  court
 act;
   [(3)] (IV) determine, in consultation with the superintendent of state
 police  and  the  office  for  the  prevention of domestic violence, the
 languages in which  such  translation  required  by  [subparagraph  one]
 CLAUSE  (II)  of  this  [paragraph]  SUBPARAGRAPH,  and the notification
 required by [subparagraph two] CLAUSE (III) of this [paragraph] SUBPARA-
 GRAPH, shall be provided. Such determination shall be based on the  size
 of the New York state population that speaks each language and any other
 relevant  factor. Such written notice required pursuant to [subparagraph
 two] CLAUSE (III) of this [paragraph] SUBPARAGRAPH shall be made  avail-
 able to all local law enforcement agencies throughout the state. Nothing
 in  this  [paragraph]  SUBPARAGRAPH shall prevent the council from using
 the determinations made by the superintendent of state  police  pursuant
 to  PARAGRAPH (IV) OF subdivision [(c)] (A) of section two hundred four-
 teen-b of this chapter;
   (2) THE NATURE AND EXTENT OF FAMILY OFFENSES;
   (3) THE SIGNS OF FAMILY OFFENSES;
   (4) CRIMINAL CONDUCT THAT MAY BE RELATED TO FAMILY  OFFENSES,  INCLUD-
 ING, BUT NOT LIMITED TO, ANY OF THE FOLLOWING:
   (I)  COERCION FOR PURPOSES OF COMMITTING OR IMPEDING THE INVESTIGATION
 OR PROSECUTION OF FAMILY OFFENSES;
   (II) UNLAWFUL IMPRISONMENT, AS DEFINED IN ARTICLE ONE HUNDRED  THIRTY-
 FIVE OF THE PENAL LAW;
   (III) EXTORTION AND THE USE OF FEAR;
   (IV)  CRIMES  OF FRAUD AS DEFINED IN ARTICLE ONE HUNDRED NINETY OF THE
 PENAL LAW; AND

 A. 1966                             5
 
   (V) UNLAWFUL DISSEMINATION OR PUBLICATION OF AN INTIMATE IMAGE;
   (5)  THE ASSESSMENT OF LETHALITY OR SIGNS OF LETHAL VIOLENCE IN FAMILY
 OFFENSE SITUATIONS;
   (6) THE LEGAL RIGHTS OF, AND REMEDIES AVAILABLE TO, VICTIMS OF  FAMILY
 OFFENSES;
   (7) DOCUMENTATION, REPORT WRITING, AND EVIDENCE COLLECTION;
   (8) FAMILY OFFENSE DIVERSION;
   (9) TENANCY ISSUES AND FAMILY OFFENSES;
   (10)  THE IMPACT ON CHILDREN OF LAW ENFORCEMENT INTERVENTION IN FAMILY
 OFFENSES;
   (11) THE SERVICES AND FACILITIES AVAILABLE TO VICTIMS AND OFFENDERS;
   (12) THE USE AND APPLICATIONS OF THE PENAL LAW IN FAMILY OFFENSE SITU-
 ATIONS;
   (13) VERIFICATION AND ENFORCEMENT OF ORDERS OF PROTECTION WHEN
   (I) THE SUSPECT IS PRESENT AND (II) THE SUSPECT HAS FLED;
   (14) CITE AND RELEASE POLICIES; AND
   (15) EMERGENCY ASSISTANCE TO VICTIMS AND  HOW  TO  ASSIST  VICTIMS  IN
 PURSUING CRIMINAL JUSTICE OPTIONS;
   §  6.  The penal law is amended by adding a new section 135.80 to read
 as follows:
 § 135.80 COERCIVE CONTROL.
   A PERSON IS GUILTY OF COERCIVE CONTROL WHEN ONE ENGAGES IN  A  PATTERN
 OF ACTS AGAINST A SPOUSE OR FORMER SPOUSE, BETWEEN A PARENT AND CHILD OR
 BETWEEN MEMBERS OF ONE'S SAME FAMILY OR HOUSEHOLD, AS DEFINED IN SECTION
 530.11  OF  THE  CRIMINAL  PROCEDURE  LAW, 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.   FOR THE  PURPOSES  OF  THIS
 SECTION, LACK OF CONSENT RESULTS FROM FORCIBLE COMPULSION, AS DEFINED IN
 SUBDIVISION  EIGHT  OF  SECTION  130.00 OF THIS TITLE, OR FROM FEAR THAT
 REFUSAL TO CONSENT WILL RESULT IN FURTHER ACTIONS LIMITING OR  RESTRICT-
 ING THE VICTIM'S BEHAVIOR, MOVEMENT, ASSOCIATIONS OR ACCESS TO OR USE OF
 HIS OR HER OWN FINANCES OR FINANCIAL INFORMATION. THIS SECTION SHALL NOT
 APPLY  TO  ACTIONS  TAKEN  PURSUANT  TO A LEGAL ARRANGEMENT GRANTING ONE
 PERSON POWER OR AUTHORITY OVER ANOTHER PERSON, INCLUDING, BUT NOT LIMIT-
 ED TO, POWER OF ATTORNEY ARRANGEMENTS AS DEFINED  IN  PARAGRAPH  (J)  OF
 SUBDIVISION TWO OF SECTION 5-1501 OF THE GENERAL OBLIGATIONS LAW, GUARD-
 IANS OF THE PROPERTY OR PERSON AS DEFINED IN SUBDIVISIONS (C) AND (D) OF
 SECTION  83.03 OF THE MENTAL HYGIENE LAW, OR PARENTAL CONTROL OF A MINOR
 CHILD.
   COERCIVE CONTROL IS A CLASS E FELONY.
   § 7. This act shall take effect on the first of January next  succeed-
 ing  the  date  upon  which  it  shall  have become a law; provided that
 section three of this act shall apply to crimes committed  on  or  after
 such date and to crimes for which the statute of limitations that was in
 effect prior to such date has not elapsed as of such date.