Senate Bill S4686

2023-2024 Legislative Session

Enacts the "New York state phoenix act"

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Finance Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S4686 (ACTIVE) - Details

See Assembly Version of this Bill:
A145
Current Committee:
Senate Finance
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §§214-b & 840, Exec L
Versions Introduced in Other Legislative Sessions:
2019-2020: S8642, A10852
2021-2022: S3020, A1966

2023-S4686 (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.

2023-S4686 (ACTIVE) - Sponsor Memo

2023-S4686 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4686
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 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 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.
   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.
                                                            LBD01990-01-3
              

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