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S04079 Summary:

BILL NOS04079
 
SAME ASSAME AS A00679
 
SPONSORPARKER
 
COSPNSRFERNANDEZ, HOYLMAN-SIGAL, JACKSON, MURRAY, SCARCELLA-SPANTON, SEPULVEDA
 
MLTSPNSR
 
Add §135.80, Pen L
 
Relates to establishing the crime of coercive control; provides that a person is guilty of coercive control when such person engages in a course of conduct against a member of such person's same family or household, without the victim's consent, which results in limiting or restricting, in full or in part, the victim's behavior, movement, associations or access to or use of such victim's own finances or financial information; provides that coercive control is a class E felony.
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S04079 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4079
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 31, 2025
                                       ___________
 
        Introduced  by Sens. PARKER, FERNANDEZ, HOYLMAN-SIGAL, JACKSON, SCARCEL-
          LA-SPANTON, SEPULVEDA -- read twice  and  ordered  printed,  and  when
          printed to be committed to the Committee on Codes
 
        AN  ACT to amend the penal law, in relation to establishing the crime of
          coercive control

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The penal law is amended by adding a new section 135.80 to
     2  read as follows:
     3  § 135.80 Coercive control.
     4    A person is guilty of coercive control when such person engages  in  a
     5  course  of  conduct  against  a  member  of such person's same family or
     6  household, as defined in section 530.11 of the criminal  procedure  law,
     7  without  the victim's consent, which results in limiting or restricting,
     8  in full or in part, the victim's  behavior,  movement,  associations  or
     9  access to or use of such victim's own finances or financial information.
    10  For  the purposes of this section, lack of consent results from forcible
    11  compulsion, as defined in subdivision eight of section  130.00  of  this
    12  title,  or  from  fear  that  refusal  to consent will result in further
    13  actions limiting or restricting the victim's behavior, movement, associ-
    14  ations or access to or use of such victim's own  finances  or  financial
    15  information. This section shall not apply to actions taken pursuant to a
    16  legal  arrangement  granting  one person power or authority over another
    17  person, including, but not limited to, power of attorney arrangements as
    18  defined in paragraph (j) of subdivision two of  section  5-1501  of  the
    19  general  obligations law, guardians of the property or person as defined
    20  in subdivisions (c) and (d) of section 83.03 of the mental hygiene  law,
    21  or parental control of a minor child.
    22    Coercive control is a class E felony.
    23    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01440-01-5
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