What's happening
This bill adds a severability clause to laws about orders of protection, ensuring unaffected sections remain valid if part is invalidated.
Why it matters
Protects the integrity of protections. By adding a severability clause, the bill ensures that if any specific part of the laws related to orders of protection is struck down in court, the rest of the protections remain in force—helping to maintain safety mechanisms for vulnerable individuals.
Prevents unintended legal gaps. Without a severability clause, a successful court challenge to one provision could potentially invalidate the entire law, unintentionally removing all related protections. This amendment helps avoid such broad consequences.
Provides legal certainty and stability. The amendment reassures courts, law enforcement, and the public that the legislative intent is for the law to function as completely as possible, even if individual sections are challenged. This predictability is important in sensitive matters involving domestic relations and personal safety.
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Add Severability to Protection Law
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History
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5893
2017-2018 Regular Sessions
IN ASSEMBLY
February 17, 2017
Introduced by M. of A. LUPINACCI -- read once and referred to the Committee on Judiciary
AN ACT to amend chapter 480 of the laws of 2013, amending the domestic relations law and other laws relating to the scope of orders of protection and temporary orders of protection, in relation to adding a severability clause
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Chapter 480 of the laws of 2013, amending the domestic relations law and other laws relating to the scope of orders of protection and temporary orders of protection, is amended by adding a new section 13-a to read as follows:
§ 13-a. Severability. If any clause, sentence, paragraph, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid and after exhaustion of all further judicial review, the judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part of this act directly involved in the controversy in which the judgment shall have been rendered.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02998-01-7
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.