Senate Bill S4686

2023-2024 Legislative Session

Enacts the "New York state phoenix act"

download bill text pdf

Sponsored By

Current 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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Bill Amendments

2023-S4686 - Details

See Assembly Version of this Bill:
A145
Current Committee:
Assembly Codes
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 - 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 - Sponsor Memo

2023-S4686 - 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
              

2023-S4686A (ACTIVE) - Details

See Assembly Version of this Bill:
A145
Current Committee:
Assembly Codes
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-S4686A (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-S4686A (ACTIVE) - Sponsor Memo

2023-S4686A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4686--A
     Cal. No. 1471
 
                        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  --  recommitted  to
   the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee and committed to the  Committee
   on  Finance  --  committee  discharged  and said bill committed to the
   Committee on Rules -- ordered to a third reading, amended and  ordered
   reprinted, retaining its place in the order of third reading
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01990-02-4
              

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