Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 15, 2012 |
reported and committed to finance |
May 02, 2012 |
referred to judiciary |
Senate Bill S7202
2011-2012 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Finance Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D) 11th Senate District
2011-S7202 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A2350
- Current Committee:
- Senate Finance
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1602, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S4452, A5516
2013-2014: S6928, A1395, A899
2015-2016: A1031, A260
2017-2018: A734, A1390
2019-2020: A5614
2011-S7202 (ACTIVE) - Summary
Exempts parties liable for failure to obey or enforce certain child protective, domestic relations, or domestic violence orders of protection or temporary orders of protection from limited liability provisions pertaining to non-economic loss and providing for limitation of joint liability.
2011-S7202 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7202 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to exempting parties liable for failure to obey or enforce certain orders of protection or temporary orders of protection in domestic violence or domestic relations matters from the provisions of article sixteen of such law, entitled "limited liability of persons jointly liable" PURPOSE OF BILL: This bill would exempt parties liable for failure to obey or enforce domestic violence orders of protection or temporary orders of protection from limited liability provisions. SUMMARY OF PROVISIONS OF BILL: Adds a new paragraph to section 1602 of the civil practice law and rules to exempt domestic violence from apportionment of non-economic damages and restore the rule of joint liability to defendants found liable for failure to obey or enforce an order of protection, JUSTIFICATION: This bill re-enforces New York's zero-tolerance policy
2011-S7202 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7202 I N S E N A T E May 2, 2012 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to exempt- ing parties liable for failure to obey or enforce certain orders of protection or temporary orders of protection in domestic violence or domestic relations matters from the provisions of article sixteen of such law, entitled "limited liability of persons jointly liable" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 1602 of the civil practice law and rules is amended by adding a new subdivision 14 to read as follows: 14. NOT APPLY TO ANY PARTY HELD LIABLE FOR CLAIMS ARISING FROM THE FAILURE TO OBEY OR ENFORCE (A) AN ORDER OF PROTECTION OR A TEMPORARY ORDER OF PROTECTION ISSUED OR MODIFIED PURSUANT TO ARTICLE FOUR, FIVE, SIX, SEVEN, EIGHT OR TEN OF THE FAMILY COURT ACT, SECTION 530.12 OF THE CRIMINAL PROCEDURE LAW, SECTION TWO HUNDRED FORTY OR TWO HUNDRED FIFTY- TWO OF THE DOMESTIC RELATIONS LAW, OR (B) AN ORDER OF PROTECTION OR TEMPORARY ORDER OF PROTECTION ISSUED OR MODIFIED BY A COURT OF COMPETENT JURISDICTION IN ANOTHER STATE, TERRITORIAL OR TRIBAL JURISDICTION. S 2. This act shall take effect on the sixtieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06924-01-1
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