|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2020||referred to codes|
|Apr 24, 2019||referred to codes|
senate Bill S5306
Current Bill Status - In Senate Committee Codes Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5306 (ACTIVE) - Details
S5306 (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.
S5306 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5306 SPONSOR: PARKER TITLE OF BILL: An act to amend the penal law, in relation to estab- lishing the crime of coercive control PURPOSE OR GENERAL IDEA OF BILL: Relates to establishing the crime of coercive control SUMMARY OF SPECIFIC PROVISIONS: Section 1. The penal law is amended by adding a new section 135.80 Section 2. This act shall take effect immediately JUSTIFICATION: Coercive control refers to abuse as a "strategic course of oppressive behavior," meaning that battering is:
S5306 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5306 2019-2020 Regular Sessions I N S E N A T E April 24, 2019 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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
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