S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8642
 
                             I N  S E N A T E
 
                               June 26, 2020
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 8642                             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.

 S. 8642                             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

 S. 8642                             4

 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;

 S. 8642                             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.