New York S 3909: Enacts the "New York state phoenix act"

Bill Text

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S03909 Summary:

BILL NOS03909 

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SAME ASSAME AS A00296

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SPONSORPARKER

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COSPNSR

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MLTSPNSR

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Amd §30.10, CP L; amd §§214-b & 840, Exec L

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Enacts the "New York State Phoenix Act"; extends the statute of limitations for felony family offenses to ten years and misdemeanor family offenses to five years.

Go to top S03909 Actions:

BILL NOS03909 

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01/30/2025REFERRED TO CODES

02/24/20251ST REPORT CAL.363

02/25/20252ND REPORT CAL.

02/26/2025ADVANCED TO THIRD READING 

05/21/2025PASSED SENATE

05/21/2025DELIVERED TO ASSEMBLY

05/22/2025referred to codes

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CODES

02/24/20261ST REPORT CAL.369

02/25/20262ND REPORT CAL.

02/26/2026ADVANCED TO THIRD READING 

06/05/2026COMMITTED TO RULES

Go to topS03909 Committee&nbspVotes:

Go to topS03909 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS03909 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3909

 2025-2026 Regular Sessions

 IN SENATE

 January 30, 2025
 ___________

 Introduced by Sen. PARKER -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes

 AN ACT to amend the criminal procedure law and the executive law, in
 relation to enacting the "New York State Phoenix Act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. This act shall be known and may be cited as the "New York
 2 State Phoenix Act".
 3 § 2. Legislative findings. The legislature finds and declares all of
 4 the following:
 5 1. Domestic violence is a pattern of coercive behavior and tactics
 6 used by someone against their intimate partner in an attempt to gain or
 7 maintain power and control and types of abuse can include physical,
 8 sexual, emotional, psychological, technological and economic abuse or
 9 threats of actions.
 10 2. On average, one in three women and one in four men in the United
 11 States experience rape, physical violence, or stalking by an intimate
 12 partner in their lifetime.
 13 3. Between six percent and fourteen percent of male offenders of
 14 domestic violence and between 23 percent and 37 percent of female offen-
 15 ders of domestic violence report they had been physically or sexually
 16 abused before the age of 18.
 17 4. When domestic violence occurs in New York state, the time victims
 18 have to report the incident to law enforcement to initiate criminal
 19 proceedings varies depending on the type of crime committed.
 20 5. Research demonstrates that survivors of domestic violence who were
 21 hesitant to call law enforcement frequently cite fear of reprisal,
 22 eviction, arrest, embarrassment, immigration status and fear of losing
 23 custody of their children as reasons for their hesitation.
 24 6. Due to systemic racism, which affects social structures, laws and
 25 policies, Black men and Black women experience domestic violence at

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00160-01-5

 S. 3909 2

 1 higher rates than other communities. Due to distrust in government agen-
 2 cies or law enforcement due to years of discrimination and abuse, Black
 3 victims experiencing domestic violence are less likely to call law
 4 enforcement due to fears of their partner being brutalized or killed by
 5 the police. On average, Black men are 2.5 times more likely to be killed
 6 by police than white men, and Black women are 1.4 times more likely to
 7 be killed by police than white women.
 8 7. Black women who report crime to law enforcement are more likely to
 9 be criminalized, prosecuted and incarcerated while trying to navigate
 10 and survive the conditions of violence in their lives. Compared to other
 11 groups, Black women are 80% more likely to be convicted of killing their
 12 abusive partner when defending themselves from abuse.
 13 8. Law enforcement officers often have initial contact with victims of
 14 domestic violence and such response should be viewed as a serious call
 15 for service and an opportunity to provide life-saving engagement with
 16 victims and connection to community-based supportive services