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
S. 4686--A 2
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.
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:
S. 4686--A 3
(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:
(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;
S. 4686--A 4
(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
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
S. 4686--A 5
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-
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.
S. 4686--A 6
§ 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.
