assembly Bill A8904

2019-2020 Legislative Session

Relates to establishing the crime of coercive control

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Archive: Last Bill Status - In Assembly 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Dec 30, 2019 referred to codes

A8904 (ACTIVE) - Details

See Senate Version of this Bill:
S5306
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §135.80, Pen L
Versions Introduced in 2021-2022 Legislative Session:
A3147, S5650

A8904 (ACTIVE) - Summary

Relates to establishing the crime of coercive control; provides that 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 household, 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; and provides that coercive control is a class E felony.

A8904 (ACTIVE) - Bill Text download pdf 


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8904

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            December 30, 2019
                               ___________

Introduced by M. of A. HEVESI -- read once and referred to the Committee
  on Codes

AN  ACT to amend the penal law, in relation to establishing the crime of
  coercive control

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. 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.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11291-01-9