BILL NUMBER: S4686A
SPONSOR: PARKER
 
TITLE OF BILL:
An act to amend the criminal procedure law and the executive law, in
relation to enacting the "New York State Phoenix Act"
 
PURPOSE:
The purpose of this bill is to address and combat domestic violence
within the state of New York by strengthening protections for victims of
domestic violence, enhance law enforcement response and support
services, and address systemic barriers that prevent survivors from
seekinc help and justice.
 
SUMMARY OF PROVISIONS:
Section 1. Establishes that the act shall be known as the New York State
Phoenix Act.
Section 2. Legislative findings.
Section 3. Amends subdivision 3 of section 30.13 of the criminal proce-
dure law by adding a new paragraph (1).
Section 4. Amends section 214-b of the executive law.
Section 5. Amends paragraph (f) of subdivision 3 of section 840 of the
executive law.
 
JUSTIFICATION:
This bill acknowledges the harsh realities of the widespread occurrence
of domestic violence and its various forms of abuse. By acknowledging
these realities, the bill underscores the urgent need for action to
address and prevent domestic violence.
Extending the statute of limitations provides victims with a greater
opportunity to come forward and seek justice. Many victims of domestic
violence face barriers that prevent them from reportino abuse immediate-
ly, such as fear of retaliation or economic dependence on the abuser. By
allowing for a longer reporting period, the bill aims to empower victims
to seek legal recourse at a time that is safest and most feasible for
them.
Comprehensive training for law enforcement personnel is essential to
ensure that they can effectively respond to domestic violence cases. By
providing training that is survivor-centered, trauma-informed, and
culturally sensitive, officers are better equipped to support victims,
conduct thorough investigations, and connect individuals with necessary
resources. This training also helps to address biases and systemic
issues within law enforcement that may impact how cases are handled.
Developing clear policies and procedures for law enforcement agencies
helps to standardize practices and ensure consistency in how domestic
violence cases are addressed. These policies emphasize victim safety,
evidence collection, and language access, all of which are critical
components of a victim-centered response. By implementing these poli-
cies, agencies can improve accountability and enhance public trust in
the criminal justice system.
Providing education and training for police officers on New York's fami-
ly offense laws enhances their ability to identify, investigate, and
respond to domestic violence incidents effectively. This knowledge
equips officers with the tools they need to assess risk, support
victims, and hold perpetrators accountable within the bounds of the law.
It also fosters empathy and understanding towards victims, which is
essential for building trust and rapport in these sensitive situations.
The New York State Phoenix Act expresses a commitment to addressing the
complex and multifaceted issue of domestic violence through comprehen-
sive legislative measures aimed at empowering victims, improving law
enforcement response, and fostering community support and engagement.
The Phoenix Act seeks to acknowledge the impact on survivors of domestic
violence and address the time needed to report by extending the statute
of limitations, mirroring the successful passage of a similar California
statute bearing the same name.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: S3020A - Passed the Senate
2019-20: S8642A - Amend and Recommit to Rules
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding 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.

Statutes affected:
S4686: 30.10 criminal procedure law, 30.10(3) criminal procedure law, 214-b executive law, 840 executive law, 840(3) executive law
S4686A: 30.10 criminal procedure law, 30.10(3) criminal procedure law, 214-b executive law, 840 executive law, 840(3) executive law