STATE OF NEW YORK
        ________________________________________________________________________

                                         4686--A
            Cal. No. 1471

                               2023-2024 Regular Sessions

                    IN SENATE

                                    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:

     1    Section  1.  This act shall be known and may be cited as the "New York
     2  State Phoenix Act".
     3    § 2. Legislative findings. The legislature finds and declares  all  of
     4  the following:
     5    1.  Domestic  violence  is  a pattern of coercive behavior and tactics
     6  used by someone against their intimate partner in an attempt to gain  or
     7  maintain  power  and  control  and  types of abuse can include physical,
     8  sexual, emotional, psychological, technological and  economic  abuse  or
     9  threats of actions.
    10    2.  On  average,  one in three women and one in four men in the United
    11  States experience rape, physical violence, or stalking  by  an  intimate
    12  partner in their lifetime.
    13    3.  Between  six  percent  and  fourteen  percent of male offenders of
    14  domestic violence and between 23 percent and 37 percent of female offen-
    15  ders of domestic violence report they had been  physically  or  sexually
    16  abused before the age of 18.
    17    4.  When  domestic violence occurs in New York state, the time victims
    18  have to report the incident to  law  enforcement  to  initiate  criminal
    19  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

     1    5.  Research demonstrates that survivors of domestic violence who were
     2  hesitant to call law  enforcement  frequently  cite  fear  of  reprisal,
     3  eviction,  arrest,  embarrassment, immigration status and fear of losing
     4  custody of their children as reasons for their hesitation.
     5    6.  Due  to systemic racism, which affects social structures, laws and
     6  policies, Black men and Black  women  experience  domestic  violence  at
     7  higher rates than other communities. Due to distrust in government agen-
     8  cies  or law enforcement due to years of discrimination and abuse, Black
     9  victims experiencing domestic violence  are  less  likely  to  call  law
    10  enforcement  due to fears of their partner being brutalized or killed by
    11  the police. On average, Black men are 2.5 times more likely to be killed
    12  by police than white men, and Black women are 1.4 times more  likely  to
    13  be killed by police than white women.
    14    7.  Black women who report crime to law enforcement are more likely to
    15  be  criminalized,  prosecuted  and incarcerated while trying to navigate
    16  and survive the conditions of violence in their lives. Compared to other
    17  groups, Black women are 80% more likely to be convicted of killing their
    18  abusive partner when defending themselves from abuse.
    19    8. Law enforcement officers often have initial contact with victims of
    20  domestic violence and such response should be viewed as a  serious  call
    21  for  service  and  an opportunity to provide life-saving engagement with
    22  victims and connection to community-based supportive services.
    23    9. It is the intent of the legislature to allow for victims of  domes-
    24  tic violence to seek justice by extending the statute of limitations for
    25  reporting family offenses to law enforcement.
    26    10.  It  is  the  intent  of the legislature to ensure law enforcement
    27  personnel  receive  comprehensive   survivor-centered,   trauma-informed
    28  training that is culturally sensitive and appropriate for diverse commu-
    29  nities.
    30    §  3.  Subdivision 3 of section 30.10 of the criminal procedure law is
    31  amended by adding a new paragraph (i) to read as follows:
    32    (i) A prosecution of a felony family offense  defined  in  subdivision
    33  one  of  section  530.11  of this chapter with a period of limitation of
    34  less than ten years may be commenced within ten years of the  commission
    35  thereof. A prosecution of a misdemeanor family offense defined in subdi-
    36  vision one of section 530.11 of this chapter with a period of limitation
    37  of  less  than  five  years  may  be  commenced within five years of the
    38  commission thereof.
    39    § 4. Section 214-b of the executive law, as amended by chapter 432  of
    40  the laws of 2015, is amended to read as follows:
    41    § 214-b. Family  offense  intervention.  The superintendent shall, for
    42  all members of the state police  including  new  and  veteran  officers,
    43  develop, maintain and disseminate, in consultation with the state office
    44  for the prevention of domestic violence and the New York state coalition
    45  against  domestic  violence,  written policies and procedures consistent
    46  with article eight of the family court act and applicable provisions  of
    47  the criminal procedure and domestic relations laws, regarding the inves-
    48  tigation  of and intervention in incidents of family offenses. The writ-
    49  ten policies and procedures shall include a brief current and historical
    50  context on communities of color impacted by incarceration and  violence,
    51  enforcement  of criminal laws in family offense situations, availability
    52  of civil remedies and community resources, and protection of the victim.
    53  Such policies and procedures shall  make  provision  for  education  and
    54  training  in  the  interpretation  and  enforcement of New York's family
    55  offense laws, including but not limited to:

        S. 4686--A                          3

     1    (a) techniques for handling incidents of family offenses that minimize
     2  the likelihood of injury and promote the safety of  all  individuals  at
     3  the  scene,  including officers. These techniques shall include, but are
     4  not limited to, the following:
     5    (i)  methods for ensuring victim interviews occur in a trauma-informed
     6  manner and are conducted beyond the presence of other  involved  parties
     7  and  with  appropriate  sound  barriers to prevent the conversation from
     8  being overheard;
     9    (ii) intake and recording of victim statements, and the prompt  trans-
    10  lation  of  such statements if made in a language other than English, in
    11  accordance with [subdivision  (c)]  paragraph  (iv)  of  this  [section]
    12  subdivision,  on a standardized "domestic violence incident report form"
    13  promulgated by the  state  division  of  criminal  justice  services  in
    14  consultation  with  the superintendent and with the state office for the
    15  prevention of domestic violence, and the investigation thereof so as  to
    16  ascertain  whether  a  crime  has been committed against the victim by a
    17  member of the victim's family or household as such terms are defined  in
    18  section  eight hundred twelve of the family court act and section 530.11
    19  of the criminal procedure law;
    20    [(b)] (iii) the need [for immediate intervention in  family  offenses]
    21  to  respond to every domestic incident as a serious call for service and
    22  to immediately  intervene,  as  appropriate  including  the  arrest  and
    23  detention  of alleged offenders, pursuant to subdivision four of section
    24  140.10 of the criminal procedure law, and  notifying  victims  of  their
    25  criminal  and  civil  rights, in their native language, if identified as
    26  other than English, in accordance with [subdivision (c)] paragraph  (iv)
    27  of  this [section] subdivision, including but not limited to immediately
    28  providing the victim with the written notice provided in subdivision six
    29  of section 530.11 of the criminal procedure law and subdivision five  of
    30  section eight hundred twelve of the family court act[.]; and
    31    [(c)  The]  (iv) the superintendent, in consultation with the division
    32  of criminal justice services and the office for the prevention of domes-
    33  tic violence shall determine the languages  in  which  such  translation
    34  required  by [subdivision (a)] paragraph (ii) of this [section] subdivi-
    35  sion, and the notification required pursuant to [subdivision (b)]  para-
    36  graph  (iii)  of  this  [section]  subdivision,  shall be provided. Such
    37  determination shall be based on the size of the  New  York  state  popu-
    38  lation  that  speaks  each  language and any other relevant factor. Such
    39  written notice required pursuant to [subdivision (b)] paragraph (iii) of
    40  this [section] subdivision shall be made available to all  state  police
    41  officers in the state[.];
    42    (b)  case  law  and  definitions  of domestic violence and the tactics
    43  commonly used by one party to induce fear in  another  party,  including
    44  verbal,  emotional,  psychological,  economic,  physical, technological,
    45  coercive and sexual abuse, and monitoring of a  partner's  location  and
    46  activities;
    47    (c)  relevant statutes and case law involving law enforcement's inves-
    48  tigation and intervention of cases involving family offenses and  court-
    49  issued  orders  of  protection, including assessing the immediate safety
    50  and welfare of all occupants at the location, including children;  iden-
    51  tifying  the  presence  of  any  firearms in the household; and laws and
    52  protocols pertaining to the search and  seizure  of  firearms  in  plain
    53  sight or discovered pursuant to a consensual or lawful search;
    54    (d)  the  increased  risk  posed  to victims and children after police
    55  intervention;

        S. 4686--A                          4

     1    (e) the legal rights of, and remedies available to, victims of  family
     2  offenses, including the right to seek justice in either a civil or crim-
     3  inal court or in both;
     4    (f)  the  process for documenting the complete history of the parties'
     5  abusive tactics and coercive control behaviors, collection  of  evidence
     6  and documentation of the investigation, including requests by victims to
     7  not be recorded on body cameras;
     8    (g) the disproportionate levels of violence experienced by communities
     9  of  color,  particularly  women,  and  data  regarding rates of physical
    10  violence, psychological abuse, sexual violence and homicide  experienced
    11  by such communities in comparison to other communities;
    12    (h)  the disproportionate involvement of communities of color with the
    13  criminal justice system and racial profiling, and  trends  in  rates  of
    14  incarceration for such communities;
    15    (i)  the culturally specific ways domestic violence can be perpetrated
    16  and the need for law enforcement to consider the cultural background and
    17  unique issues facing parties when investigating and responding to  inci-
    18  dents involving family offenses; and
    19    (j)  community-based  resources  and  services  available  to  parties
    20  involved in family offense situations.
    21    § 5. Paragraph (f) of subdivision 3 of section 840  of  the  executive
    22  law,  as  amended by chapter 432 of the laws of 2015, is amended to read
    23  as follows:
    24    (f) Develop, maintain and disseminate, in consultation with the  state
    25  office  for  the  prevention of domestic violence and the New York state
    26  coalition against domestic violence, written policies and procedures and
    27  a course or courses of instruction consistent with article eight of  the
    28  family court act and applicable provisions of the criminal procedure and
    29  domestic relations laws, regarding the investigation of and intervention
    30  by  new  and  veteran  police  officers in incidents of family offenses.
    31  Such courses of instruction  and  policies  and  procedures  shall  make
    32  provisions for education and training in the interpretation and enforce-
    33  ment of New York's family offense laws, including but not limited to:
    34    (1) techniques for handling incidents of family offenses that minimize
    35  the  likelihood  of  injury and promote the safety of all individuals at
    36  the scene, including officers. These techniques shall include,  but  are
    37  not limited to, the following:
    38    (i)  methods for ensuring victim interviews occur in a trauma-informed
    39  manner and are conducted beyond the presence of other  involved  parties
    40  and  with  appropriate  sound  barriers to prevent the conversation from
    41  being overheard;
    42    (ii) intake and recording of victim statements, and the prompt  trans-
    43  lation  of  such statements if made in a language other than English, in
    44  accordance with [subparagraph three] clause  (iv)  of  this  [paragraph]
    45  subparagraph, on a standardized "domestic violence incident report form"
    46  promulgated by the division of criminal justice services in consultation
    47  with the superintendent of state police, representatives of local police
    48  forces and the state office for the prevention of domestic violence, and
    49  the  investigation  thereof  so as to ascertain whether a crime has been
    50  committed against the victim by a  member  of  the  victim's  family  or
    51  household  as  such terms are defined in section eight hundred twelve of
    52  the family court act and section 530.11 of the criminal  procedure  law;
    53  [and
    54    (2)] (iii) the need [for immediate intervention in family offenses] to
    55  respond  to every domestic incident as a serious call for service and to
    56  immediately  intervene,  as  appropriate,  including  the   arrest   and

        S. 4686--A                          5

     1  detention  of alleged offenders, pursuant to subdivision four of section
     2  140.10 of the criminal procedure law, and  notifying  victims  of  their
     3  criminal  and  civil  rights, in their native language, if identified as
     4  other  than English, in accordance with [subparagraph three] clause (iv)
     5  of this [paragraph] subparagraph, including but  not  limited  to  imme-
     6  diately  providing the victim with the written notice required in subdi-
     7  vision six of section 530.11 of the criminal procedure law and  subdivi-
     8  sion five of section eight hundred twelve of the family court act; and
     9    [(3)] (iv) determine, in consultation with the superintendent of state
    10  police  and  the  office  for  the  prevention of domestic violence, the
    11  languages in which  such  translation  required  by  [subparagraph  one]
    12  clause  (ii)  of  this  [paragraph]  subparagraph,  and the notification
    13  required by [subparagraph two] clause (iii) of this [paragraph] subpara-
    14  graph, shall be provided. Such determination shall be based on the  size
    15  of the New York state population that speaks each language and any other
    16  relevant  factor. Such written notice required pursuant to [subparagraph
    17  two] clause (iii) of this [paragraph] subparagraph shall be made  avail-
    18  able to all local law enforcement agencies throughout the state. Nothing
    19  in  this  [paragraph]  subparagraph shall prevent the council from using
    20  the determinations made by the superintendent of state  police  pursuant
    21  to  paragraph (iv) of subdivision [(c)] (a) of section two hundred four-
    22  teen-b of this chapter;
    23    (2) case law and definitions of  domestic  violence  and  the  tactics
    24  commonly  used  by  one party to induce fear in another party, including
    25  verbal, emotional,  psychological,  economic,  physical,  technological,
    26  coercive  and  sexual  abuse, and monitoring of a partner's location and
    27  activities;
    28    (3) relevant statutes and case law involving law enforcement's  inves-
    29  tigation  and intervention of cases involving family offenses and court-
    30  issued orders of protection, including assessing  the  immediate  safety
    31  and  welfare of all occupants at the location, including children; iden-
    32  tifying the presence of any firearms in  the  household;  and  laws  and
    33  protocols  pertaining  to  the  search  and seizure of firearms in plain
    34  sight or discovered pursuant to a consensual or lawful search;
    35    (4) the increased risk posed to  victims  and  children  after  police
    36  intervention;
    37    (5)  the legal rights of, and remedies available to, victims of family
    38  offenses, including the right to seek justice in either a civil or crim-
    39  inal court or in both;
    40    (6) the process for documenting the complete history of  the  parties'
    41  abusive  tactics  and coercive control behaviors, collection of evidence
    42  and documentation of the investigation, including requests by victims to
    43  not be recorded on body cameras;
    44    (7) the disproportionate levels of violence experienced by communities
    45  of color, particularly women,  and  data  regarding  rates  of  physical
    46  violence,  psychological abuse, sexual violence and homicide experienced
    47  by such communities in comparison to other communities;
    48    (8) the disproportionate involvement of communities of color with  the
    49  criminal  justice  system  and  racial profiling, and trends in rates of
    50  incarceration for such communities;
    51    (9) the culturally specific ways domestic violence can be  perpetrated
    52  and the need for law enforcement to consider the cultural background and
    53  unique  issues facing parties when investigating and responding to inci-
    54  dents involving family offenses; and
    55    (10) community-based  resources  and  services  available  to  parties
    56  involved in family offense situations.

        S. 4686--A                          6

     1    §  6. This act shall take effect on the first of January next succeed-
     2  ing the date upon which it  shall  have  become  a  law;  provided  that
     3  section  three  of  this act shall apply to crimes committed on or after
     4  such date and to crimes for which the statute of limitations that was in
     5  effect prior to such date has not elapsed as of such date.