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.
Summary
Bill A00679 seeks to amend the New York penal law by establishing the crime of coercive control. This new provision defines coercive control as a course of conduct by a person against a family or household member that limits or restricts the victim's behavior, movement, associations, or access to their own finances without their consent. The bill specifies that lack of consent can arise from forcible compulsion or fear of further restrictions. Violating this law would be classified as a class E felony, which carries specific legal consequences.
Impact
If enacted, this bill would introduce a new category of crime under New York law, specifically targeting coercive control within familial or household relationships. This change would empower law enforcement to address behaviors that may not have previously been classified as criminal, thereby potentially increasing the number of prosecutions related to domestic abuse and control. The bill aims to provide legal recourse for victims who experience such coercive tactics, thereby enhancing protections for vulnerable individuals.
Sentiment
The sentiment surrounding Bill A00679 appears to be supportive among advocates for domestic violence victims, as it addresses a significant gap in existing laws regarding non-physical forms of abuse. However, there may be concerns from some lawmakers regarding the implications of defining coercive control and the potential for misuse of the law. Overall, discussions indicate a recognition of the need for legal protections against coercive behaviors.
Contention
Notable points of contention include concerns about the definition of coercive control and how it may be applied in practice. Some legislators worry that the broad language could lead to misunderstandings or misapplications of the law, while others emphasize the importance of addressing non-physical forms of abuse. The balance between protecting victims and ensuring fair legal processes for the accused remains a critical discussion point.
Same As
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.
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.
Relates to establishing the crime of coercive control; provides that a person is guilty of coercive control when he or she engages in a course of conduct against a member of his or her 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 his or her own finances or financial information; and provides that coercive control is a class E felony.
Relates to coercive control; provides that the family court and the criminal courts shall have concurrent jurisdiction over acts which constitute coercive control; provides that courts may issue orders of protection upon a finding of coercive control; directs the office of court administration, in consultation with the office for the prevention of domestic violence and certain organizations, to develop and administer training for judges and court clerks on coercive control.
Relates to coercive control; provides that the family court and the criminal courts shall have concurrent jurisdiction over acts which constitute coercive control; provides that courts may issue orders of protection upon a finding of coercive control; directs the office of court administration, in consultation with the office for the prevention of domestic violence and certain organizations, to develop and administer training for judges and court clerks on coercive control.
Amends the definition of "domestic violence" to include the coercive control of another resulting in a pattern of behavior that in purpose or effect unreasonably interferes with another person's free will or personal liberty.