Assembly Bill A1390

2017-2018 Legislative Session

Exempts parties liable for failure to obey or enforce domestic violence orders of protection or temporary orders of protection from limited liability provisions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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

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2017-A1390 (ACTIVE) - Details

Current Committee:
Senate Codes
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: A1395, A899
2015-2016: A1031, A260
2019-2020: A5614

2017-A1390 (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.

2017-A1390 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1390
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN, TITONE, JAFFEE, PERRY, ZEBROWSKI,
   SEAWRIGHT, M. G. MILLER, PAULIN, TITUS, OTIS -- Multi-Sponsored by  --
   M.  of A.  FAHY, GLICK, SIMON -- read once and referred to the Commit-
   tee on Codes
 
 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.
   § 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.
                                                            LBD02843-01-7

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