Senate Bill S5306

2019-2020 Legislative Session

Relates to establishing the crime of coercive control

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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-S5306 (ACTIVE) - Details

See Assembly Version of this Bill:
A8904
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §135.80, Pen L
Versions Introduced in Other Legislative Sessions:
2021-2022: S5650, A3147
2023-2024: S6695, A2707

2019-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.

2019-S5306 (ACTIVE) - Sponsor Memo

2019-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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