What's happening
This bill exempts parties liable for failing to obey or enforce orders of protection in domestic violence cases from limited liability protections.
Why it matters
Holds parties fully accountable. By removing limited liability protections for those who fail to obey or enforce orders of protection, the bill ensures that individuals or entities cannot reduce their financial responsibility for harm caused by such failures.
Strengthens enforcement of protective orders. The change targets both individuals and agencies (such as law enforcement or agencies responsible for enforcing orders) who might otherwise evade full civil liability, possibly leading to greater diligence and seriousness in handling domestic violence cases.
Extends protections across jurisdictions. The bill covers not only New York-issued protective orders, but also those issued by courts in other states, territories, or tribal jurisdictions, acknowledging the mobility of domestic violence survivors and perpetrators.
Potentially increases legal recourse for victims. Survivors of domestic violence harmed because orders were ignored or unenforced could more easily seek full compensation in civil court, potentially leading to improved victim safety and deterrence of negligence.
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Who cares
Headline styles
End Limited Liability for Abusers
Plain English, a few words. Used as the page title.
Sponsors
11 Co-sponsors
3 Multi-sponsors
History
- Referred to codes
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.101
- Returned to assembly
- Died in senate
- Referred to codes
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.152
- Reported
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1390
2017-2018 Regular Sessions
IN ASSEMBLY
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 Committee on Codes
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"
The People of the State of New York, represented in Senate and Assembly, 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 fiftytwo 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
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.