Senate Bill S10332

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10332
 
                             I N  S E N A T E
 
                               May 14, 2026
                                ___________
 
 Introduced  by  Sen.  CHAN  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to establish a temporary state commission to study  the  recogni-
   tion of coercive psychological, emotional, and financial abuse result-
   ing in demonstrable physical or neurological harm
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and intent. 1. Domestic  violence  and
 abuse encompass a range of behaviors including physical, sexual, psycho-
 logical, emotional, and financial abuse.
   2.   Emerging   medical  and  psychological  research  indicates  that
 prolonged exposure to coercive control,  emotional  abuse,  and  chronic
 psychological trauma may result in measurable harm to neurological func-
 tioning,  including  but  not  limited  to stress-related brain changes,
 cognitive impairment, and trauma-related neurological injury.
   3. Current New York state law primarily addresses psychological  abuse
 through  related  offenses  such  as harassment, stalking, menacing, and
 assault; however, there is no specific  statutory  framework  addressing
 long-term  psychological  coercion that results in demonstrable physical
 or neurological injury.
   4. It is in the interest of the state of New  York  to  study  whether
 existing  legal  frameworks  adequately  address  such harms and whether
 reforms are warranted to better recognize  patterns  of  coercive  abuse
 that result in medical or neurological injury.
   §  2.  Establishment of the commission. 1. There is hereby established
 within the department of health, in consultation with the office for the
 prevention of domestic violence, a temporary commission to be  known  as
 the "coercive abuse and neurological harm study commission", hereinafter
 known as "the commission".
   2.  Such  commission  shall  consist  of  eight  members  appointed as
 follows:
   (a) One member appointed by the governor;
   (b) One member appointed by the temporary president of the senate;
   (c) One member appointed by the speaker of the assembly;
   (d) One representative from the office for the prevention of  domestic
 violence;
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15706-01-6
 S. 10332                            2
 
   (e)  One  licensed  neurologist  specializing  in trauma-related brain
 injury;
   (f)  One  licensed  clinical psychologist with expertise in trauma and
 domestic violence;
   (g) One representative from law enforcement with experience in  domes-
 tic violence investigations; and
   (h)  One  survivor  advocate with experience in domestic abuse support
 services.
   3. Members of the commission shall designate a chair from the  member-
 ship thereof for a term of two years or until their term expires, which-
 ever period is shorter. The chair or a member of the commission may call
 a meeting.
   4.  Any  vacancy  occurring  on  the commission shall be filled within
 thirty days of its occurrence in the same manner  as  the  member  whose
 vacancy  is  being  filled  was  appointed. A person appointed to fill a
 vacancy occurring other than by expiration of a term of office shall  be
 appointed for the unexpired term of the member they succeed.
   5.  The  members  of  the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties hereunder.
   6. The commission may  request  and  shall  receive  from  any  court,
 department,  division,  board,  or  bureau, commission, or agency of the
 state such assistance and data as will enable the commission to properly
 carry out its powers and duties under this act.
   § 3. Duties of  the  commission.  The  commission  shall  perform  the
 following tasks, including but not limited to:
   1.  Review  current scientific research regarding the neurological and
 psychological effects of prolonged emotional, psychological,  and  coer-
 cive abuse;
   2.  Examine  existing New York state criminal, family, and civil stat-
 utes related to domestic violence and abuse;
   3. Assess the feasibility of recognizing coercive psychological  abuse
 resulting  in demonstrable neurological or physical harm as an aggravat-
 ing factor in existing offenses;
   4. Evaluate evidentiary standards  necessary  to  establish  causation
 between  abusive  conduct  and  neurological  injury,  including but not
 limited to traumatic brain injury;
   5. Consider the potential legal, ethical,  and  constitutional  impli-
 cations of expanding statutory definitions of abuse; and
   6.  Recommend  whether  new  statutory categories, sentencing enhance-
 ments, or civil remedies are appropriate.
   § 4. Report. 1. The commission shall submit a report of  its  findings
 and  recommendations  to  the  governor,  the temporary president of the
 senate, and the speaker of the assembly within 12 months  of  its  first
 meeting.
   2. Such report shall include, but not be limited to:
   (a) A summary of scientific findings;
   (b) Legal analysis of current statutory gaps;
   (c) Recommendations for legislative action, if any; and
   (d) Proposed model statutory language, if applicable.
   § 5. No expansion of liability. Nothing in this act shall be construed
 to create any new cause of action, criminal offense, or private right of
 action  prior to the submission of the commission's final report and any
 subsequent legislative action.
   § 6. This act shall take effect immediately.