S T A T E O F N E W Y O R K
________________________________________________________________________
10852
I N A S S E M B L Y
July 24, 2020
___________
Introduced by COMMITTEE ON RULES -- (at request of 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 "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 "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.
§ 3. Subdivision 3 of section 30.10 of the criminal procedure law is
amended by adding a new paragraph (h) to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16736-02-0
A. 10852 2
(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
FIVE YEARS MAY BE COMMENCED WITHIN FIVE 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
AND A COURSE OR COURSES OF INSTRUCTION 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 inter-
vention in incidents of family offenses. THE COURSE OR COURSES OF
INSTRUCTION AND 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. 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 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.
A. 10852 3
[(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
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
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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
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;
A. 10852 5
(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;
(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 HE OR SHE ENGAGES IN A
COURSE OF CONDUCT AGAINST A MEMBER OF HIS OR HER SAME FAMILY OR HOUSE-
HOLD, AS DEFINED IN SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW, WITH-
OUT 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 COMPUL-
SION, 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 RESTRICTING 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 LIMITED TO, POWER OF ATTORNEY ARRANGEMENTS AS DEFINED
IN PARAGRAPH (J) OF SUBDIVISION TWO OF SECTION 5-1501 OF THE GENERAL
OBLIGATIONS LAW, GUARDIANS 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.