Assembly Bill A145A

2023-2024 Legislative Session

Enacts the "New York state phoenix act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A145 - Details

See Senate Version of this Bill:
S4686
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §§214-b & 840, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10852, S8642
2021-2022: A1966, S3020

2023-A145 - Summary

Enacts the "New York State Phoenix Act"; extends the statute of limitations for felony family offenses to ten years and misdemeanor family offenses to five years.

2023-A145 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    145
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ, SIMON -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure law and  the  executive  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01990-01-3
 A. 145                              2
              

co-Sponsors

2023-A145A (ACTIVE) - Details

See Senate Version of this Bill:
S4686
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §§214-b & 840, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: A10852, S8642
2021-2022: A1966, S3020

2023-A145A (ACTIVE) - Summary

Enacts the "New York State Phoenix Act"; extends the statute of limitations for felony family offenses to ten years and misdemeanor family offenses to five years.

2023-A145A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  145--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  SIMON, BURDICK, GLICK, RAGA, ZACCARO,
   ZINERMAN, LEVENBERG, SILLITTI -- read once and referred to the Commit-
   tee 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 committee
 
 AN ACT to amend the criminal procedure law and  the  executive  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. Domestic violence is a pattern of  coercive  behavior  and  tactics
 used  by someone against their intimate partner in an attempt to gain or
 maintain power and control and types  of  abuse  can  include  physical,
 sexual,  emotional,  psychological,  technological and economic abuse or
 threats of actions.
   2. On average, one in three women and one in four men  in  the  United
 States  experience  rape,  physical violence, or stalking by an intimate
 partner in their lifetime.
   3. Between six percent and  fourteen  percent  of  male  offenders  of
 domestic violence and between 23 percent and 37 percent of female offen-
 ders  of  domestic  violence report they had been physically or sexually
 abused before the age of 18.
   4. When domestic violence occurs in New York state, the  time  victims
 have  to  report  the  incident  to law enforcement to initiate criminal
 proceedings varies depending on the type of crime committed.
   5. Research demonstrates that survivors of domestic violence who  were
 hesitant  to  call  law  enforcement  frequently  cite fear of reprisal,
 eviction, arrest, embarrassment, immigration status and fear  of  losing
 custody of their children as reasons for their hesitation.
 
              

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