Senate Bill S9122

2021-2022 Legislative Session

Eliminates judicial immunity or quasi-judicial immunity for certain third parties who provide a report or finding to the family court

download bill text pdf

Sponsored By

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

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2021-S9122 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §170, Fam Ct Act
Versions Introduced in 2023-2024 Legislative Session:
S3435

2021-S9122 (ACTIVE) - Summary

Eliminates judicial immunity or quasi-judicial immunity for certain third parties, such as special masters, minor's counsel, investigators, therapists, evaluators, receivers, bankruptcy trustees, experts, and factfinders, who provide a report or finding to the family court.

2021-S9122 (ACTIVE) - Sponsor Memo

2021-S9122 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9122
 
                             I N  S E N A T E
 
                               May 10, 2022
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the family court act, in relation to  eliminating  judi-
   cial immunity or quasi-judicial immunity for certain third parties who
   provide a report or finding to the family court
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The family court act is amended by adding a new section 170
 to read as follows:
   § 170. JUDICIAL AND QUASI-JUDICIAL IMMUNITY. 1. THE DOCTRINE OF  JUDI-
 CIAL  IMMUNITY  OR  QUASI-JUDICIAL IMMUNITY SHALL NOT APPLY TO EXONERATE
 ANY PRIVATE THIRD PARTY APPOINTED BY THE COURT IN AN  ADVISORY  CAPACITY
 BASED  ON  HIS  OR  HER PROFESSIONAL EXPERTISE, WHO PROVIDES A REPORT OR
 FINDINGS TO THE COURT IN A PROCEEDING UNDER THIS ACT, FROM LIABILITY FOR
 ACTS PERFORMED WITHIN THE SCOPE OF HIS OR HER APPOINTMENT  IN  VIOLATION
 OF LAW, RULES OF COURT, OR PROFESSIONAL STANDARDS.
   2.  THIS  SECTION  SHALL  APPLY TO PRIVATE INDIVIDUALS SUCH AS SPECIAL
 MASTERS, MINOR'S COUNSEL, INVESTIGATORS, THERAPISTS, EVALUATORS, RECEIV-
 ERS,  BANKRUPTCY  TRUSTEES,  EXPERTS,  FACTFINDERS,  AND  OTHER  PERSONS
 SPECIFICALLY  APPOINTED  BY  THE  COURT IN AN ADVISORY CAPACITY BASED ON
 THEIR PROFESSIONAL TRAINING OR EXPERTISE.
   3. THIS SECTION SHALL NOT APPLY TO ANY JUDICIAL  OFFICER,  SUBORDINATE
 JUDICIAL  OFFICER,  ARBITRATOR,  OR  PUBLIC  EMPLOYEE  PROTECTED  BY THE
 DOCTRINE OF JUDICIAL IMMUNITY OR QUASI-JUDICIAL IMMUNITY.
   4. DURING  A  CIVIL,  CRIMINAL,  OR  ADMINISTRATIVE  INVESTIGATION  OR
 PROCEEDING IN WHICH A COURT APPOINTEE'S ALLEGED MISCONDUCT, AS DESCRIBED
 IN SUBDIVISION ONE OF THIS SECTION, IS AT ISSUE, ANY STATUTES OF LIMITA-
 TION  APPLICABLE  TO  THE UNDERLYING, OR OTHER RELATED, CIVIL LITIGATION
 SHALL BE TOLLED.
   5. NOTWITHSTANDING ANY OTHER LAW, ANY APPLICABLE STATUTES  OF  LIMITA-
 TION  SHALL  BE  TOLLED IN AN ACTION FOR RECOVERY OF DAMAGES FOR ALLEGED
 MISCONDUCT PERPETRATED BY A COURT APPOINTEE, AS DESCRIBED IN SUBDIVISION
 ONE OF THIS SECTION, WHILE THE PERSON SEEKING RELIEF WAS A MINOR.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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