S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  145--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CRUZ,  SIMON, BURDICK, GLICK, RAGA, ZACCARO,
   ZINERMAN, LEVENBERG, SILLITTI -- read once and referred to the Commit-
   tee on Codes -- recommitted to the Committee on  Codes  in  accordance
   with  Assembly  Rule  3, sec. 2 -- 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. Domestic violence is a pattern of  coercive  behavior  and  tactics
 used  by someone against their intimate partner in an attempt to gain or
 maintain power and control and types  of  abuse  can  include  physical,
 sexual,  emotional,  psychological,  technological and economic abuse or
 threats of actions.
   2. On average, one in three women and one in four men  in  the  United
 States  experience  rape,  physical violence, or stalking by an intimate
 partner in their lifetime.
   3. Between six percent and  fourteen  percent  of  male  offenders  of
 domestic violence and between 23 percent and 37 percent of female offen-
 ders  of  domestic  violence report they had been physically or sexually
 abused before the age of 18.
   4. When domestic violence occurs in New York state, the  time  victims
 have  to  report  the  incident  to law enforcement to initiate criminal
 proceedings varies depending on the type of crime committed.
   5. Research demonstrates that survivors of domestic violence who  were
 hesitant  to  call  law  enforcement  frequently  cite fear of reprisal,
 eviction, arrest, embarrassment, immigration status and fear  of  losing
 custody of their children as reasons for their hesitation.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01990-03-4
 A. 145--A                           2
 
   6.  Due  to systemic racism, which affects social structures, laws and
 policies, Black men and Black  women  experience  domestic  violence  at
 higher rates than other communities. Due to distrust in government agen-
 cies  or law enforcement due to years of discrimination and abuse, Black
 victims  experiencing  domestic  violence  are  less  likely to call law
 enforcement due to fears of their partner being brutalized or killed  by
 the police. On average, Black men are 2.5 times more likely to be killed
 by  police  than white men, and Black women are 1.4 times more likely to
 be killed by police than white women.
   7.  Black women who report crime to law enforcement are more likely to
 be criminalized, prosecuted and incarcerated while  trying  to  navigate
 and survive the conditions of violence in their lives. Compared to other
 groups, Black women are 80% more likely to be convicted of killing their
 abusive partner when defending themselves from abuse.
   8. Law enforcement officers often have initial contact with victims of
 domestic  violence  and such response should be viewed as a serious call
 for service and an opportunity to provide  life-saving  engagement  with
 victims and connection to community-based supportive services.
   9.  It is the intent of the legislature to allow for victims of domes-
 tic violence to seek justice by extending the statute of limitations for
 reporting family offenses to law enforcement.
   10. It is the intent of the  legislature  to  ensure  law  enforcement
 personnel   receive   comprehensive  survivor-centered,  trauma-informed
 training that is culturally sensitive and appropriate for diverse commu-
 nities.
   § 3. Subdivision 3 of section 30.10 of the criminal procedure  law  is
 amended by adding a new paragraph (i) to read as follows:
   (I)  A  PROSECUTION  OF A FELONY FAMILY OFFENSE DEFINED IN SUBDIVISION
 ONE OF SECTION 530.11 OF THIS CHAPTER WITH A  PERIOD  OF  LIMITATION  OF
 LESS  THAN TEN YEARS MAY BE COMMENCED WITHIN TEN YEARS OF THE COMMISSION
 THEREOF. A PROSECUTION OF A MISDEMEANOR FAMILY OFFENSE DEFINED IN SUBDI-
 VISION ONE OF SECTION 530.11 OF THIS CHAPTER WITH A PERIOD OF LIMITATION
 OF LESS THAN FIVE YEARS MAY  BE  COMMENCED  WITHIN  FIVE  YEARS  OF  THE
 COMMISSION THEREOF.
   §  4. Section 214-b of the executive law, as amended by chapter 432 of
 the laws of 2015, is amended to read as follows:
   § 214-b. Family offense intervention. The  superintendent  shall,  for
 all  members  of  the  state  police including new and veteran officers,
 develop, maintain and disseminate, in consultation with the state office
 for the prevention of domestic violence AND THE NEW YORK STATE COALITION
 AGAINST DOMESTIC VIOLENCE, written policies  and  procedures  consistent
 with  article eight of the family court act and applicable provisions of
 the criminal procedure and domestic relations laws, regarding the inves-
 tigation of and intervention in incidents of family offenses. THE  WRIT-
 TEN POLICIES AND PROCEDURES SHALL INCLUDE A BRIEF CURRENT AND HISTORICAL
 CONTEXT  ON COMMUNITIES OF COLOR IMPACTED BY INCARCERATION AND VIOLENCE,
 ENFORCEMENT OF CRIMINAL LAWS IN FAMILY OFFENSE SITUATIONS,  AVAILABILITY
 OF CIVIL REMEDIES AND COMMUNITY RESOURCES, AND PROTECTION OF THE VICTIM.
 Such  policies  and  procedures  shall  make provision for education and
 training in the interpretation and  enforcement  of  New  York's  family
 offense laws, including but not limited to:
   (a) TECHNIQUES FOR HANDLING INCIDENTS OF FAMILY OFFENSES THAT MINIMIZE
 THE  LIKELIHOOD  OF  INJURY AND PROMOTE THE SAFETY OF ALL INDIVIDUALS AT
 THE SCENE, INCLUDING OFFICERS. THESE TECHNIQUES SHALL INCLUDE,  BUT  ARE
 NOT LIMITED TO, THE FOLLOWING:
 A. 145--A                           3
 
   (I)  METHODS FOR ENSURING VICTIM INTERVIEWS OCCUR IN A TRAUMA-INFORMED
 MANNER AND ARE CONDUCTED BEYOND THE PRESENCE OF OTHER  INVOLVED  PARTIES
 AND  WITH  APPROPRIATE  SOUND  BARRIERS TO PREVENT THE CONVERSATION FROM
 BEING OVERHEARD;
   (II)  intake and recording of victim statements, and the prompt trans-
 lation of such statements if made in a language other than  English,  in
 accordance  with  [subdivision  (c)]  PARAGRAPH  (IV)  of this [section]
 SUBDIVISION, on a standardized "domestic violence incident report  form"
 promulgated  by  the  state  division  of  criminal  justice services in
 consultation with the superintendent and with the state office  for  the
 prevention  of domestic violence, and the investigation thereof so as to
 ascertain whether a crime has been committed against  the  victim  by  a
 member  of the victim's family or household as such terms are defined in
 section eight hundred twelve of the family court act and section  530.11
 of the criminal procedure law;
   [(b)]  (III)  the need [for immediate intervention in family offenses]
 TO RESPOND TO EVERY DOMESTIC INCIDENT AS A SERIOUS CALL FOR SERVICE  AND
 TO  IMMEDIATELY  INTERVENE,  AS  APPROPRIATE  including  the  arrest and
 detention of alleged offenders, pursuant to subdivision four of  section
 140.10  of  the  criminal  procedure law, and notifying victims of their
 CRIMINAL AND CIVIL rights, in their native language,  if  identified  as
 other  than English, in accordance with [subdivision (c)] PARAGRAPH (IV)
 of this [section] SUBDIVISION, including but not limited to  immediately
 providing the victim with the written notice provided in subdivision six
 of  section 530.11 of the criminal procedure law and subdivision five of
 section eight hundred twelve of the family court act[.]; AND
   [(c) The] (IV) THE superintendent, in consultation with  the  division
 of criminal justice services and the office for the prevention of domes-
 tic  violence  shall  determine  the languages in which such translation
 required by [subdivision (a)] PARAGRAPH (II) of this [section]  SUBDIVI-
 SION,  and the notification required pursuant to [subdivision (b)] PARA-
 GRAPH (III) of this  [section]  SUBDIVISION,  shall  be  provided.  Such
 determination  shall  be  based  on the size of the New York state popu-
 lation that speaks each language and any  other  relevant  factor.  Such
 written notice required pursuant to [subdivision (b)] PARAGRAPH (III) of
 this  [section]  SUBDIVISION shall be made available to all state police
 officers in the state[.];
   (B) CASE LAW AND DEFINITIONS OF  DOMESTIC  VIOLENCE  AND  THE  TACTICS
 COMMONLY  USED  BY  ONE PARTY TO INDUCE FEAR IN ANOTHER PARTY, INCLUDING
 VERBAL, EMOTIONAL,  PSYCHOLOGICAL,  ECONOMIC,  PHYSICAL,  TECHNOLOGICAL,
 COERCIVE  AND  SEXUAL  ABUSE, AND MONITORING OF A PARTNER'S LOCATION AND
 ACTIVITIES;
   (C) RELEVANT STATUTES AND CASE LAW INVOLVING LAW ENFORCEMENT'S  INVES-
 TIGATION  AND INTERVENTION OF CASES INVOLVING FAMILY OFFENSES AND COURT-
 ISSUED ORDERS OF PROTECTION, INCLUDING ASSESSING  THE  IMMEDIATE  SAFETY
 AND  WELFARE OF ALL OCCUPANTS AT THE LOCATION, INCLUDING CHILDREN; IDEN-
 TIFYING THE PRESENCE OF ANY FIREARMS IN  THE  HOUSEHOLD;  AND  LAWS  AND
 PROTOCOLS  PERTAINING  TO  THE  SEARCH  AND SEIZURE OF FIREARMS IN PLAIN
 SIGHT OR DISCOVERED PURSUANT TO A CONSENSUAL OR LAWFUL SEARCH;
   (D) THE INCREASED RISK POSED TO  VICTIMS  AND  CHILDREN  AFTER  POLICE
 INTERVENTION;
   (E)  THE LEGAL RIGHTS OF, AND REMEDIES AVAILABLE TO, VICTIMS OF FAMILY
 OFFENSES, INCLUDING THE RIGHT TO SEEK JUSTICE IN EITHER A CIVIL OR CRIM-
 INAL COURT OR IN BOTH;
   (F) THE PROCESS FOR DOCUMENTING THE COMPLETE HISTORY OF  THE  PARTIES'
 ABUSIVE  TACTICS  AND COERCIVE CONTROL BEHAVIORS, COLLECTION OF EVIDENCE
 A. 145--A                           4
 
 AND DOCUMENTATION OF THE INVESTIGATION, INCLUDING REQUESTS BY VICTIMS TO
 NOT BE RECORDED ON BODY CAMERAS;
   (G) THE DISPROPORTIONATE LEVELS OF VIOLENCE EXPERIENCED BY COMMUNITIES
 OF  COLOR,  PARTICULARLY  WOMEN,  AND  DATA  REGARDING RATES OF PHYSICAL
 VIOLENCE, PSYCHOLOGICAL ABUSE, SEXUAL VIOLENCE AND HOMICIDE  EXPERIENCED
 BY SUCH COMMUNITIES IN COMPARISON TO OTHER COMMUNITIES;
   (H)  THE DISPROPORTIONATE INVOLVEMENT OF COMMUNITIES OF COLOR WITH THE
 CRIMINAL JUSTICE SYSTEM AND RACIAL PROFILING, AND  TRENDS  IN  RATES  OF
 INCARCERATION FOR SUCH COMMUNITIES;
   (I)  THE CULTURALLY SPECIFIC WAYS DOMESTIC VIOLENCE CAN BE PERPETRATED
 AND THE NEED FOR LAW ENFORCEMENT TO CONSIDER THE CULTURAL BACKGROUND AND
 UNIQUE ISSUES FACING PARTIES WHEN INVESTIGATING AND RESPONDING TO  INCI-
 DENTS INVOLVING FAMILY OFFENSES; AND
   (J)  COMMUNITY-BASED  RESOURCES  AND  SERVICES  AVAILABLE  TO  PARTIES
 INVOLVED IN FAMILY OFFENSE SITUATIONS.
   § 5. Paragraph (f) of subdivision 3 of section 840  of  the  executive
 law,  as  amended by chapter 432 of the laws of 2015, is amended to read
 as follows:
   (f) Develop, maintain and disseminate, in consultation with the  state
 office  for  the  prevention of domestic violence AND THE NEW YORK STATE
 COALITION AGAINST DOMESTIC VIOLENCE, written policies and procedures AND
 A COURSE OR COURSES OF INSTRUCTION consistent with article eight of  the
 family court act and applicable provisions of the criminal procedure and
 domestic relations laws, regarding the investigation of and intervention
 by  new  and  veteran  police  officers in incidents of family offenses.
 Such COURSES OF INSTRUCTION  AND  policies  and  procedures  shall  make
 provisions for education and training in the interpretation and enforce-
 ment of New York's family offense laws, including but not limited to:
   (1) TECHNIQUES FOR HANDLING INCIDENTS OF FAMILY OFFENSES THAT MINIMIZE
 THE  LIKELIHOOD  OF  INJURY AND PROMOTE THE SAFETY OF ALL INDIVIDUALS AT
 THE SCENE, INCLUDING OFFICERS. THESE TECHNIQUES SHALL INCLUDE,  BUT  ARE
 NOT LIMITED TO, THE FOLLOWING:
   (I)  METHODS FOR ENSURING VICTIM INTERVIEWS OCCUR IN A TRAUMA-INFORMED
 MANNER AND ARE CONDUCTED BEYOND THE PRESENCE OF OTHER  INVOLVED  PARTIES
 AND  WITH  APPROPRIATE  SOUND  BARRIERS TO PREVENT THE CONVERSATION FROM
 BEING OVERHEARD;
   (II) intake and recording of victim statements, and the prompt  trans-
 lation  of  such statements if made in a language other than English, in
 accordance with [subparagraph three] CLAUSE  (IV)  of  this  [paragraph]
 SUBPARAGRAPH, on a standardized "domestic violence incident report form"
 promulgated by the division of criminal justice services in consultation
 with the superintendent of state police, representatives of local police
 forces and the state office for the prevention of domestic violence, and
 the  investigation  thereof  so as to ascertain whether a crime has been
 committed against the victim by a  member  of  the  victim's  family  or
 household  as  such terms are defined in section eight hundred twelve of
 the family court act and section 530.11 of the criminal  procedure  law;
 [and
   (2)] (III) the need [for immediate intervention in family offenses] TO
 RESPOND  TO EVERY DOMESTIC INCIDENT AS A SERIOUS CALL FOR SERVICE AND TO
 IMMEDIATELY  INTERVENE,  AS  APPROPRIATE,  including  the   arrest   and
 detention  of alleged offenders, pursuant to subdivision four of section
 140.10 of the criminal procedure law, and  notifying  victims  of  their
 CRIMINAL  AND  CIVIL  rights, in their native language, if identified as
 other than English, in accordance with [subparagraph three] CLAUSE  (IV)
 of  this  [paragraph]  SUBPARAGRAPH,  including but not limited to imme-
 A. 145--A                           5
 
 diately providing the victim with the written notice required in  subdi-
 vision  six of section 530.11 of the criminal procedure law and subdivi-
 sion five of section eight hundred twelve of the family court act; AND
   [(3)] (IV) determine, in consultation with the superintendent of state
 police  and  the  office  for  the  prevention of domestic violence, the
 languages in which  such  translation  required  by  [subparagraph  one]
 CLAUSE  (II)  of  this  [paragraph]  SUBPARAGRAPH,  and the notification
 required by [subparagraph two] CLAUSE (III) of this [paragraph] SUBPARA-
 GRAPH, shall be provided. Such determination shall be based on the  size
 of the New York state population that speaks each language and any other
 relevant  factor. Such written notice required pursuant to [subparagraph
 two] CLAUSE (III) of this [paragraph] SUBPARAGRAPH shall be made  avail-
 able to all local law enforcement agencies throughout the state. Nothing
 in  this  [paragraph]  SUBPARAGRAPH shall prevent the council from using
 the determinations made by the superintendent of state  police  pursuant
 to  PARAGRAPH (IV) OF subdivision [(c)] (A) of section two hundred four-
 teen-b of this chapter;
   (2) CASE LAW AND DEFINITIONS OF  DOMESTIC  VIOLENCE  AND  THE  TACTICS
 COMMONLY  USED  BY  ONE PARTY TO INDUCE FEAR IN ANOTHER PARTY, INCLUDING
 VERBAL, EMOTIONAL,  PSYCHOLOGICAL,  ECONOMIC,  PHYSICAL,  TECHNOLOGICAL,
 COERCIVE  AND  SEXUAL  ABUSE, AND MONITORING OF A PARTNER'S LOCATION AND
 ACTIVITIES;
   (3) RELEVANT STATUTES AND CASE LAW INVOLVING LAW ENFORCEMENT'S  INVES-
 TIGATION  AND INTERVENTION OF CASES INVOLVING FAMILY OFFENSES AND COURT-
 ISSUED ORDERS OF PROTECTION, INCLUDING ASSESSING  THE  IMMEDIATE  SAFETY
 AND  WELFARE OF ALL OCCUPANTS AT THE LOCATION, INCLUDING CHILDREN; IDEN-
 TIFYING THE PRESENCE OF ANY FIREARMS IN  THE  HOUSEHOLD;  AND  LAWS  AND
 PROTOCOLS  PERTAINING  TO  THE  SEARCH  AND SEIZURE OF FIREARMS IN PLAIN
 SIGHT OR DISCOVERED PURSUANT TO A CONSENSUAL OR LAWFUL SEARCH;
   (4) THE INCREASED RISK POSED TO  VICTIMS  AND  CHILDREN  AFTER  POLICE
 INTERVENTION;
   (5)  THE LEGAL RIGHTS OF, AND REMEDIES AVAILABLE TO, VICTIMS OF FAMILY
 OFFENSES, INCLUDING THE RIGHT TO SEEK JUSTICE IN EITHER A CIVIL OR CRIM-
 INAL COURT OR IN BOTH;
   (6) THE PROCESS FOR DOCUMENTING THE COMPLETE HISTORY OF  THE  PARTIES'
 ABUSIVE  TACTICS  AND COERCIVE CONTROL BEHAVIORS, COLLECTION OF EVIDENCE
 AND DOCUMENTATION OF THE INVESTIGATION, INCLUDING REQUESTS BY VICTIMS TO
 NOT BE RECORDED ON BODY CAMERAS;
   (7) THE DISPROPORTIONATE LEVELS OF VIOLENCE EXPERIENCED BY COMMUNITIES
 OF COLOR, PARTICULARLY WOMEN,  AND  DATA  REGARDING  RATES  OF  PHYSICAL
 VIOLENCE,  PSYCHOLOGICAL ABUSE, SEXUAL VIOLENCE AND HOMICIDE EXPERIENCED
 BY SUCH COMMUNITIES IN COMPARISON TO OTHER COMMUNITIES;
   (8) THE DISPROPORTIONATE INVOLVEMENT OF COMMUNITIES OF COLOR WITH  THE
 CRIMINAL  JUSTICE  SYSTEM  AND  RACIAL PROFILING, AND TRENDS IN RATES OF
 INCARCERATION FOR SUCH COMMUNITIES;
   (9) THE CULTURALLY SPECIFIC WAYS DOMESTIC VIOLENCE CAN BE  PERPETRATED
 AND THE NEED FOR LAW ENFORCEMENT TO CONSIDER THE CULTURAL BACKGROUND AND
 UNIQUE  ISSUES FACING PARTIES WHEN INVESTIGATING AND RESPONDING TO INCI-
 DENTS INVOLVING FAMILY OFFENSES; AND
   (10) COMMUNITY-BASED  RESOURCES  AND  SERVICES  AVAILABLE  TO  PARTIES
 INVOLVED IN FAMILY OFFENSE SITUATIONS.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date upon which it  shall  have  become  a  law;  provided  that
 section  three  of  this act shall apply to crimes committed on or after
 such date and to crimes for which the statute of limitations that was in
 effect prior to such date has not elapsed as of such date.