senate Bill S8642A

2019-2020 Legislative Session

Relates to enacting the "New York State Phoenix Act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 28, 2020 print number 8642a
Aug 28, 2020 amend (t) and recommit to rules
Jun 26, 2020 referred to rules

S8642 - Details

See Assembly Version of this Bill:
A10852
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §§214-b & 840, Exec L; add §135.80, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S3020, A1966

S8642 - Summary

Relates to enacting the "New York State Phoenix Act"; extends the statute of limitations for certain family offenses to ten years; establishes the crime of coercive control.

S8642 - Sponsor Memo

S8642 - Bill Text download pdf

 
                     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.

Co-Sponsors

S8642A (ACTIVE) - Details

See Assembly Version of this Bill:
A10852
Current Committee:
Senate Rules
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §§214-b & 840, Exec L; add §135.80, Pen L
Versions Introduced in 2021-2022 Legislative Session:
S3020, A1966

S8642A (ACTIVE) - Summary

Relates to enacting the "New York State Phoenix Act"; extends the statute of limitations for certain family offenses to ten years; establishes the crime of coercive control.

S8642A (ACTIVE) - Sponsor Memo

S8642A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8642--A
 
                             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  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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.

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