Senate Bill S3435

2023-2024 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

Current 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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2023-S3435 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §170, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:
S9122

2023-S3435 (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.

2023-S3435 (ACTIVE) - Sponsor Memo

2023-S3435 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3435
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  CLEARE, RAMOS -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07040-01-3
 S. 3435                             2

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