Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to judiciary |
Feb 09, 2015 |
referred to judiciary |
Senate Bill S3457
2015-2016 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary 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
2015-S3457 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1031
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §1602, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A5516
2011-2012: A2020, A2350
2013-2014: S5336, A1395, A899
2017-2018: A734, A1390
2019-2020: A5614
2015-S3457 (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.
2015-S3457 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3457 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 OR GENERAL IDEA 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 SPECIFIC PROVISIONS: 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 about domestic violence. In the last decade New York State has enacted legislation to
2015-S3457 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3457 2015-2016 Regular Sessions I N S E N A T E February 9, 2015 ___________ 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, EIGHT, OR TEN OF THE FAMILY COURT ACT, SECTION 530.12 OF THE CRIMI- NAL 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 JURISDIC- TION IN ANOTHER STATE, TERRITORIAL, OR TRIBAL JURISDICTION. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01000-01-5
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