Assembly Bill A8904

2019-2020 Legislative Session

Relates to establishing the crime of coercive control

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-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 Other Legislative Sessions:
2021-2022: A3147, S5650
2023-2024: A2707, S6695

2019-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.

2019-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

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