STATE OF NEW YORK ________________________________________________________________________ 8633 2025-2026 Regular Sessions IN SENATE December 29, 2025 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the family court act, the criminal procedure law, the judiciary law, the general obligations law and the domestic relations law, in relation to coercive control The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The opening paragraph of subdivision 1 of section 812 of 2 the family court act, as amended by chapter 541 of the laws of 2024, is 3 amended to read as follows: 4 The family court and the criminal courts shall have concurrent juris- 5 diction over any proceeding concerning acts which would constitute coer- 6 cive control as defined by section eight hundred nineteen of this act, 7 disorderly conduct, unlawful dissemination or publication of an intimate 8 image, harassment in the first degree, harassment in the second degree, 9 aggravated harassment in the second degree, sexual misconduct, forcible 10 touching, sexual abuse in the third degree, sexual abuse in the second 11 degree as set forth in subdivision one of section 130.60 of the penal 12 law, stalking in the first degree, stalking in the second degree, stalk- 13 ing in the third degree, stalking in the fourth degree, criminal 14 mischief, menacing in the second degree, menacing in the third degree, 15 reckless endangerment, criminal obstruction of breathing or blood circu- 16 lation, strangulation in the second degree, strangulation in the first 17 degree, assault in the second degree, assault in the third degree, an 18 attempted assault, identity theft in the first degree, identity theft in 19 the second degree, identity theft in the third degree, grand larceny in 20 the fourth degree, grand larceny in the third degree, coercion in the 21 second degree or coercion in the third degree as set forth in subdivi- 22 sions one, two and three of section 135.60 of the penal law between 23 spouses or former spouses, or between parent and child or between 24 members of the same family or household except that if the respondent EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13778-03-5

S. 8633 2 1 would not be criminally responsible by reason of age pursuant to section 2 30.00 of the penal law, then the family court shall have exclusive 3 jurisdiction over such proceeding. Notwithstanding a complainant's 4 election to proceed in family court, the criminal court shall not be 5 divested of jurisdiction to hear a family offense proceeding pursuant to 6 this section. In any proceeding pursuant to this article, a court shall 7 not deny an order of protection, or dismiss a petition, solely on the 8 basis that the acts or events alleged are not relatively contemporaneous 9 with the date of the petition, the conclusion of the fact-finding or the 10 conclusion of the dispositional hearing. For purposes of this article, 11 "disorderly conduct" includes disorderly conduct not in a public place. 12 For purposes of this article, "members of the same family or household" 13 shall mean the following: 14 § 2. The opening paragraph of subdivision 1 of section 530.11 of the 15 criminal procedure law, as amended by chapter 541 of the laws of 2024, 16 is amended to read as follows: 17 The family court and the criminal courts shall have concurrent juris- 18 diction over any proceeding concerning acts which would constitute coer- 19 cive control as defined by section eight hundred nineteen of the family 20 court act, disorderly conduct, unlawful dissemination or publication of 21 an intimate image, harassment in the first degree, harassment in the 22 second degree, aggravated harassment in the second degree, sexual 23 misconduct, forcible touching, sexual abuse in the third degree, sexual 24 abuse in the second degree as set forth in subdivision one of section 25 130.60 of the penal law, stalking in the first degree, stalking in the 26 second degree, stalking in the third degree, stalking in the fourth 27 degree, criminal mischief, menacing in the second degree, menacing in 28 the third degree, reckless endangerment, strangulation in the first 29 degree, strangulation in the second degree, criminal obstruction of 30 breathing or blood circulation, assault in the second degree, assault in 31 the third degree, an attempted assault, identity theft in the first 32 degree, identity theft in the second degree, identity theft in the third 33 degree, grand larceny in the fourth degree, grand larceny in the third 34 degree, coercion in the second degree or coercion in the third degree as 35 set forth in subdivisions one, two and three of section 135.60 of the 36 penal law between spouses or former spouses, or between parent and child 37 or between members of the same family or household except that if the 38 respondent would not be criminally responsible by reason of age pursuant 39 to section 30.00 of the penal law, then the family court shall have 40 exclusive jurisdiction over such proceeding. Notwithstanding a 41 complainant's election to proceed in family court, the criminal court 42 shall not be divested of jurisdiction to hear a family offense proceed- 43 ing pursuant to this section. For purposes of this section, "disorderly 44 conduct" includes disorderly conduct not in a public place. For 45 purposes of this section, "members of the same family or household" with 46 respect to a proceeding in the criminal courts shall mean the following: 47 § 3. Section 154-c of the family court act is amended by adding a new 48 subdivision 4 to read as follows: 49 4. Coercive control. The court may issue an order of protection upon a 50 finding of coercive control, as defined by section eight hundred nine- 51 teen of this act, based on a preponderance of the evidence. The court 52 shall update any forms used for the purpose of requesting an order of 53 protection to include coercive control as a basis for an order of 54 protection. Continued coercive control engaged in after the issuance of 55 an order of protection may serve as evidence supporting a finding of 56 contempt in accordance with the penal law.

S. 8633 3 1 § 4. The judiciary law is amended by adding a new section 39-c to read 2 as follows: 3 § 39-c. Coercive control training. 1. For the purposes of this 4 section, "coercive control" shall have the same meaning as such term is 5 defined by section eight hundred nineteen of the family court act. 6 2. (a) The office of court administration, in consultation with the 7 office for the prevention of domestic violence, shall develop and admin- 8 ister mandatory training for judges and court clerks on coercive 9 control. 10 (b) Such training shall cover: 11 (i) the statutory definition of coercive control; 12 (ii) patterns of conduct; 13 (iii) evidentiary considerations; 14 (iv) application in order of protection proceedings; 15 (v) survivor safety; and 16 (vi) the impact on children and implications for custody and visita- 17 tion. 18 (c) Judges and relevant court personnel shall be required to partic- 19 ipate in refresher training at least once every five years. 20 (d) The office of court administration shall be authorized to prepare 21 bench cards, guidance, and forms to support the implementation of such 22 training. 23 § 5. The domestic relations law is amended by adding a new section 256 24 to read as follows: 25 § 256. Coercive control. 1. For the purposes of this section, "coer- 26 cive control" shall have the same meaning as such term is defined by 27 section eight hundred nineteen of the family court act. 28 2. The court may issue an order of protection upon a finding of coer- 29 cive control, based on a preponderance of the evidence. The court shall 30 update any forms used for the purpose of requesting an order of 31 protection to include coercive control as a basis for an order of 32 protection. 33 3. The order of protection may protect the petitioner and any minor 34 child of the marriage or a minor child residing in such petitioner's 35 household. 36 § 6. Section 1.20 of the criminal procedure law is amended by adding a 37 new subdivision 46 to read as follows: 38 46. "Coercive control" means coercive control defined by section eight 39 hundred nineteen of the family court act. 40 § 7. The family court act is amended by adding a new section 819 to 41 read as follows: 42 § 819. Coercive control. 1. As used in this chapter, the term "coer- 43 cive control" shall mean a pattern of behavior used to dominate, intim- 44 idate, or subordinate another person that, in purpose or effect, unrea- 45 sonably and capriciously interferes with that person's free will, 46 personal liberty, or autonomy. Coercive control shall include, but 47 shall not be limited to: 48 (a) isolating the person from friends, relatives, or other sources of 49 support; 50 (b) controlling, monitoring, or restricting movements, communications, 51 or access to services; 52 (c) regulating or monitoring economic resources, controlling access to 53 money, employment, or credit; 54 (d) restricting or interfering with access to housing, transportation, 55 health care, or employment;

S. 8633 4 1 (e) threatening, intimidating, or harassing conduct designed to 2 instill fear or compliance; 3 (f) monitoring, controlling, or misusing digital devices, accounts, or 4 online activity; 5 (g) misusing legal or administrative processes to harass or intim- 6 idate; and 7 (h) repeated verbal degradation, humiliation, or intimidation. 8 2. Coercive control shall not include reasonable actions taken to 9 protect a person's safety, welfare, or care, or the reasonable exercise 10 of lawful authority. 11 § 8. The opening paragraph of paragraph (a) of subdivision 1 of 12 section 240 of the domestic relations law, as amended by chapter 567 of 13 the laws of 2015, is amended to read as follows: 14 In any action or proceeding brought (1) to annul a marriage or to 15 declare the nullity of a void marriage, or (2) for a separation, or (3) 16 for a divorce, or (4) to obtain, by a writ of habeas corpus or by peti- 17 tion and order to show cause, the custody of or right to visitation with 18 any child of a marriage, the court shall require verification of the 19 status of any child of the marriage with respect to such child's custody 20 and support, including any prior orders, and shall enter orders for 21 custody and support as, in the court's discretion, justice requires, 22 having regard to the circumstances of the case and of the respective 23 parties and to the best interests of the child and subject to the 24 provisions of subdivision one-c of this section. Where either party to 25 an action concerning custody of or a right to visitation with a child 26 alleges in a sworn petition or complaint or sworn answer, cross-peti- 27 tion, counterclaim or other sworn responsive pleading that the other 28 party has committed an act of domestic violence or coercive control, as 29 defined by section eight hundred nineteen of the family court act, 30 against the party making the allegation or a family or household member 31 of either party, as such family or household member is defined in arti- 32 cle eight of the family court act, and such allegations are proven by a 33 preponderance of the evidence, the court must consider the effect of 34 such domestic violence or coercive control upon the best interests of 35 the child, together with such other facts and circumstances as the court 36 deems relevant in making a direction pursuant to this section and state 37 on the record how such findings, facts and circumstances factored into 38 the direction. If a parent makes a good faith allegation based on a 39 reasonable belief supported by facts that the child is the victim of 40 child abuse, child neglect, or the effects of domestic violence, and if 41 that parent acts lawfully and in good faith in response to that reason- 42 able belief to protect the child or seek treatment for the child, then 43 that parent shall not be deprived of custody, visitation or contact with 44 the child, or restricted in custody, visitation or contact, based solely 45 on that belief or the reasonable actions taken based on that belief. If 46 an allegation that a child is abused is supported by a preponderance of 47 the evidence, then the court shall consider such evidence of abuse in 48 determining the visitation arrangement that is in the best interest of 49 the child, and the court shall not place a child in the custody of a 50 parent who presents a substantial risk of harm to that child, and shall 51 state on the record how such findings were factored into the determi- 52 nation. Where a proceeding filed pursuant to article ten or ten-A of the 53 family court act is pending at the same time as a proceeding brought in 54 the supreme court involving the custody of, or right to visitation with, 55 any child of a marriage, the court presiding over the proceeding under 56 article ten or ten-A of the family court act may jointly hear the dispo-

S. 8633 5 1 sitional hearing on the petition under article ten or the permanency 2 hearing under article ten-A of the family court act and, upon referral 3 from the supreme court, the hearing to resolve the matter of custody or 4 visitation in the proceeding pending in the supreme court; provided 5 however, the court must determine custody or visitation in accordance 6 with the terms of this section. 7 § 9. The general obligations law is amended by adding a new article 4 8 to read as follows: 9 ARTICLE 4 10 RIGHT OF ACTION FOR COERCIVE CONTROL 11 Section 4-101. Definitions. 12 4-102. Right of action for coercive control. 13 § 4-101. Definitions. As used in this article, the term "coercive 14 control" shall have the same meaning as such term is defined by section 15 eight hundred nineteen of the family court act. 16 § 4-102. Right of action for coercive control. 1. In addition to any 17 other remedy provided by law, any person subjected to coercive control 18 shall have a cause of action against the person who engaged in such 19 conduct. An action or proceeding under this article shall be commenced 20 in the supreme court of the county in which the act or acts allegedly 21 occurred or in which any party resides. 22 2. A plaintiff may recover damages, including but not limited to: 23 (a) compensatory damages for economic loss and out-of-pocket costs; 24 (b) damages for emotional distress; 25 (c) punitive damages where appropriate; and 26 (d) reasonable attorney's fees and costs. 27 3. No action shall lie under this section based solely on conduct 28 that constitutes the reasonable exercise of parental authority or super- 29 vision. 30 4. The remedies provided by this section are in addition to, and 31 shall not preclude, any other remedies or causes of action available 32 under law, including orders of protection. 33 5. An action under this section shall be commenced within six years 34 from the last act of coercive control forming the basis of the action. 35 6. In any action brought pursuant to this section, the court may order 36 such equitable relief as it deems just and proper, including but not 37 limited to injunctions, declaratory relief, and orders restraining the 38 defendant from continuing coercive control. 39 7. The protections of this section shall not be waived by any agree- 40 ment, contract, or other private arrangement, and any purported waiver 41 shall be void as against public policy. 42 § 10. This act shall take effect on the one hundred eightieth day 43 after it shall have become a law. Effective immediately the addition, 44 amendment and/or repeal of any rule or regulation necessary for the 45 implementation of this act on its effective date are authorized to be 46 made and completed on or before such date.

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