Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 05, 2022 |
referred to judiciary |
Jan 06, 2021 |
referred to judiciary |
Senate Bill S751
2021-2022 Legislative Session
Sponsored By
(D, WF) 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
2021-S751 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Domestic Relations Law
- Laws Affected:
- Amd §237, Dom Rel L
- Versions Introduced in 2019-2020 Legislative Session:
-
S6845
2021-S751 (ACTIVE) - Summary
Prohibits an award for attorney's fees in a matrimonial action for a party who has been convicted of any of the following offenses in this state, or convicted of an offense in another jurisdiction which, if committed in this state, would constitute one of such offenses, where the defendant and the person against whom the offense was committed were members of the same family or household as defined in subdivision one of section 530.11 of the criminal procedure law and as established pursuant to section 370.15 of the criminal procedure law: assault in the third degree; menacing in the third degree; menacing in the second degree; criminal obstruction of breathing or blood circulation
2021-S751 (ACTIVE) - Sponsor Memo
BILL NUMBER: S751 SPONSOR: BIAGGI TITLE OF BILL: An act to amend the domestic relations law, in relation to awards of attorney's fees in matrimonial actions for persons convicted of certain offenses PURPOSE OR GENERAL IDEA OF BILL: To ensure that domestic violence victims are protected from having to pay their abusers, through adding certain restrictions on the process of awarding the payment of legal fees in divorce cases. SUMMARY OF PROVISIONS: Section 1 amends Section 237 of the Domestic Relations Law by adding a new Subdivision E to establish that parties convicted of domestic violence, in New York State or another jurisdiction, are not extended the opportunity to be awarded the payment of attorney's feed with the
2021-S751 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 751 2021-2022 Regular Sessions I N S E N A T E (PREFILED) January 6, 2021 ___________ Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the domestic relations law, in relation to awards of attorney's fees in matrimonial actions for persons convicted of certain offenses THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 237 of the domestic relations law is amended by adding a new subdivision (e) to read as follows: (E) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, NO AWARD FOR ATTORNEY'S FEES SHALL BE MADE PURSUANT TO THIS SECTION FOR A PARTY WHO HAS BEEN CONVICTED OF ANY OF THE FOLLOWING OFFENSES IN THIS STATE, OR CONVICTED OF AN OFFENSE IN ANOTHER JURISDICTION WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE OF SUCH OFFENSES, WHERE THE DEFENDANT AND THE PERSON AGAINST WHOM THE OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW AND AS ESTABLISHED PURSUANT TO SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW: ASSAULT IN THE THIRD DEGREE; MENACING IN THE THIRD DEGREE; MENACING IN THE SECOND DEGREE; CRIMINAL OBSTRUCTION OF BREATHING OR BLOOD CIRCULATION; UNLAWFUL IMPRI- SONMENT IN THE SECOND DEGREE; COERCION IN THE THIRD DEGREE; CRIMINAL TAMPERING IN THE THIRD DEGREE; CRIMINAL CONTEMPT IN THE SECOND DEGREE; HARASSMENT IN THE FIRST DEGREE; AGGRAVATED HARASSMENT IN THE SECOND DEGREE; CRIMINAL TRESPASS IN THE THIRD DEGREE; CRIMINAL TRESPASS IN THE SECOND DEGREE; ARSON IN THE FIFTH DEGREE; OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES. § 2. This act shall take effect on the one hundred twentieth day after it shall have become a law and shall apply to actions and proceedings commenced on or after such effective date. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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