senate Bill S3020A

2021-2022 Legislative Session

Enacts the "New York state phoenix act"

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate


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

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 11, 2021 referred to codes
delivered to assembly
passed senate
May 05, 2021 advanced to third reading
May 04, 2021 2nd report cal.
May 03, 2021 1st report cal.863
Apr 28, 2021 print number 3020a
Apr 28, 2021 amend (t) and recommit to codes
Jan 27, 2021 referred to codes

S3020 - Details

See Assembly Version of this Bill:
A1966
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §§214-b & 840, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S8642, A10852

S3020 - Summary

Enacts the "New York State Phoenix Act"; extends the statute of limitations for felony family offenses to ten years and misdemeanor family offenses to five years.

S3020 - Sponsor Memo

S3020 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3020
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 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 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.

S3020A (ACTIVE) - Details

See Assembly Version of this Bill:
A1966
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §§214-b & 840, Exec L
Versions Introduced in 2019-2020 Legislative Session:
S8642, A10852

S3020A (ACTIVE) - Summary

Enacts the "New York State Phoenix Act"; extends the statute of limitations for felony family offenses to ten years and misdemeanor family offenses to five years.

S3020A (ACTIVE) - Sponsor Memo

S3020A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3020--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the criminal procedure law and the executive 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06181-02-1

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