New York Senate Bill S04079 Latest Draft

   
  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