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S10332 Summary:

BILL NOS10332
 
SAME ASNo Same As
 
SPONSORCHAN
 
COSPNSR
 
MLTSPNSR
 
 
Establishes an eight member temporary state commission called the "coercive abuse and neurological harm study commission"; directs the commission to review current scientific research regarding the neurological and psychological effects of prolonged emotional, psychological, and coercive abuse; examine existing New York state criminal, family, and civil statutes related to domestic violence and abuse; assess the feasibility of recognizing coercive psychological abuse resulting in demonstrable neurological or physical harm as an aggravating factor in existing offenses; evaluate evidentiary standards necessary to establish causation between abusive conduct and neurological injury; consider the potential legal, ethical, and constitutional implications of expanding statutory definitions of abuse; and recommend whether new statutory categories, sentencing enhancements, or civil remedies are appropriate.
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S10332 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10332
 
                    IN SENATE
 
                                      May 14, 2026
                                       ___________
 
        Introduced  by  Sen.  CHAN  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Finance
 
        AN ACT to establish a temporary state commission to study  the  recogni-
          tion of coercive psychological, emotional, and financial abuse result-
          ing in demonstrable physical or neurological harm
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings and intent. 1. Domestic  violence  and
     2  abuse encompass a range of behaviors including physical, sexual, psycho-
     3  logical, emotional, and financial abuse.
     4    2.   Emerging   medical  and  psychological  research  indicates  that
     5  prolonged exposure to coercive control,  emotional  abuse,  and  chronic
     6  psychological trauma may result in measurable harm to neurological func-
     7  tioning,  including  but  not  limited  to stress-related brain changes,
     8  cognitive impairment, and trauma-related neurological injury.
     9    3. Current New York state law primarily addresses psychological  abuse
    10  through  related  offenses  such  as harassment, stalking, menacing, and
    11  assault; however, there is no specific  statutory  framework  addressing
    12  long-term  psychological  coercion that results in demonstrable physical
    13  or neurological injury.
    14    4. It is in the interest of the state of New  York  to  study  whether
    15  existing  legal  frameworks  adequately  address  such harms and whether
    16  reforms are warranted to better recognize  patterns  of  coercive  abuse
    17  that result in medical or neurological injury.
    18    §  2.  Establishment of the commission. 1. There is hereby established
    19  within the department of health, in consultation with the office for the
    20  prevention of domestic violence, a temporary commission to be  known  as
    21  the "coercive abuse and neurological harm study commission", hereinafter
    22  known as "the commission".
    23    2.  Such  commission  shall  consist  of  eight  members  appointed as
    24  follows:
    25    (a) One member appointed by the governor;
    26    (b) One member appointed by the temporary president of the senate;
    27    (c) One member appointed by the speaker of the assembly;
    28    (d) One representative from the office for the prevention of  domestic
    29  violence;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15706-01-6

        S. 10332                            2
 
     1    (e)  One  licensed  neurologist  specializing  in trauma-related brain
     2  injury;
     3    (f)  One  licensed  clinical psychologist with expertise in trauma and
     4  domestic violence;
     5    (g) One representative from law enforcement with experience in  domes-
     6  tic violence investigations; and
     7    (h)  One  survivor  advocate with experience in domestic abuse support
     8  services.
     9    3. Members of the commission shall designate a chair from the  member-
    10  ship thereof for a term of two years or until their term expires, which-
    11  ever period is shorter. The chair or a member of the commission may call
    12  a meeting.
    13    4.  Any  vacancy  occurring  on  the commission shall be filled within
    14  thirty days of its occurrence in the same manner  as  the  member  whose
    15  vacancy  is  being  filled  was  appointed. A person appointed to fill a
    16  vacancy occurring other than by expiration of a term of office shall  be
    17  appointed for the unexpired term of the member they succeed.
    18    5.  The  members  of  the commission shall receive no compensation for
    19  their services, but shall be allowed their actual and necessary expenses
    20  incurred in the performance of their duties hereunder.
    21    6. The commission may  request  and  shall  receive  from  any  court,
    22  department,  division,  board,  or  bureau, commission, or agency of the
    23  state such assistance and data as will enable the commission to properly
    24  carry out its powers and duties under this act.
    25    § 3. Duties of  the  commission.  The  commission  shall  perform  the
    26  following tasks, including but not limited to:
    27    1.  Review  current scientific research regarding the neurological and
    28  psychological effects of prolonged emotional, psychological,  and  coer-
    29  cive abuse;
    30    2.  Examine  existing New York state criminal, family, and civil stat-
    31  utes related to domestic violence and abuse;
    32    3. Assess the feasibility of recognizing coercive psychological  abuse
    33  resulting  in demonstrable neurological or physical harm as an aggravat-
    34  ing factor in existing offenses;
    35    4. Evaluate evidentiary standards  necessary  to  establish  causation
    36  between  abusive  conduct  and  neurological  injury,  including but not
    37  limited to traumatic brain injury;
    38    5. Consider the potential legal, ethical,  and  constitutional  impli-
    39  cations of expanding statutory definitions of abuse; and
    40    6.  Recommend  whether  new  statutory categories, sentencing enhance-
    41  ments, or civil remedies are appropriate.
    42    § 4. Report. 1. The commission shall submit a report of  its  findings
    43  and  recommendations  to  the  governor,  the temporary president of the
    44  senate, and the speaker of the assembly within 12 months  of  its  first
    45  meeting.
    46    2. Such report shall include, but not be limited to:
    47    (a) A summary of scientific findings;
    48    (b) Legal analysis of current statutory gaps;
    49    (c) Recommendations for legislative action, if any; and
    50    (d) Proposed model statutory language, if applicable.
    51    § 5. No expansion of liability. Nothing in this act shall be construed
    52  to create any new cause of action, criminal offense, or private right of
    53  action  prior to the submission of the commission's final report and any
    54  subsequent legislative action.
    55    § 6. This act shall take effect immediately.
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