STATE OF NEW YORK
        ________________________________________________________________________

                                         145--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       (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:

     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.
    20    5. Research demonstrates that survivors of domestic violence who  were
    21  hesitant  to  call  law  enforcement  frequently  cite fear of reprisal,
    22  eviction, arrest, embarrassment, immigration status and fear  of  losing
    23  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

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

        A. 145--A                           3

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

        A. 145--A                           4

     1  and documentation of the investigation, including requests by victims to
     2  not be recorded on body cameras;
     3    (g) the disproportionate levels of violence experienced by communities
     4  of  color,  particularly  women,  and  data  regarding rates of physical
     5  violence, psychological abuse, sexual violence and homicide  experienced
     6  by such communities in comparison to other communities;
     7    (h)  the disproportionate involvement of communities of color with the
     8  criminal justice system and racial profiling, and  trends  in  rates  of
     9  incarceration for such communities;
    10    (i)  the culturally specific ways domestic violence can be perpetrated
    11  and the need for law enforcement to consider the cultural background and
    12  unique issues facing parties when investigating and responding to  inci-
    13  dents involving family offenses; and
    14    (j)  community-based  resources  and  services  available  to  parties
    15  involved in family offense situations.
    16    § 5. Paragraph (f) of subdivision 3 of section 840  of  the  executive
    17  law,  as  amended by chapter 432 of the laws of 2015, is amended to read
    18  as follows:
    19    (f) Develop, maintain and disseminate, in consultation with the  state
    20  office  for  the  prevention of domestic violence and the New York state
    21  coalition against domestic violence, written policies and procedures and
    22  a course or courses of instruction consistent with article eight of  the
    23  family court act and applicable provisions of the criminal procedure and
    24  domestic relations laws, regarding the investigation of and intervention
    25  by  new  and  veteran  police  officers in incidents of family offenses.
    26  Such courses of instruction  and  policies  and  procedures  shall  make
    27  provisions for education and training in the interpretation and enforce-
    28  ment of New York's family offense laws, including but not limited to:
    29    (1) techniques for handling incidents of family offenses that minimize
    30  the  likelihood  of  injury and promote the safety of all individuals at
    31  the scene, including officers. These techniques shall include,  but  are
    32  not limited to, the following:
    33    (i)  methods for ensuring victim interviews occur in a trauma-informed
    34  manner and are conducted beyond the presence of other  involved  parties
    35  and  with  appropriate  sound  barriers to prevent the conversation from
    36  being overheard;
    37    (ii) intake and recording of victim statements, and the prompt  trans-
    38  lation  of  such statements if made in a language other than English, in
    39  accordance with [subparagraph three] clause  (iv)  of  this  [paragraph]
    40  subparagraph, on a standardized "domestic violence incident report form"
    41  promulgated by the division of criminal justice services in consultation
    42  with the superintendent of state police, representatives of local police
    43  forces and the state office for the prevention of domestic violence, and
    44  the  investigation  thereof  so as to ascertain whether a crime has been
    45  committed against the victim by a  member  of  the  victim's  family  or
    46  household  as  such terms are defined in section eight hundred twelve of
    47  the family court act and section 530.11 of the criminal  procedure  law;
    48  [and
    49    (2)] (iii) the need [for immediate intervention in family offenses] to
    50  respond  to every domestic incident as a serious call for service and to
    51  immediately  intervene,  as  appropriate,  including  the   arrest   and
    52  detention  of alleged offenders, pursuant to subdivision four of section
    53  140.10 of the criminal procedure law, and  notifying  victims  of  their
    54  criminal  and  civil  rights, in their native language, if identified as
    55  other than English, in accordance with [subparagraph three] clause  (iv)
    56  of  this  [paragraph]  subparagraph,  including but not limited to imme-

        A. 145--A                           5

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