What's happening
This bill exempts parties liable for failing to obey or enforce orders of protection in domestic violence cases from limited liability provisions.
Why it matters
Increases accountability for individuals and entities (such as law enforcement agencies or others) who fail to enforce or obey orders of protection in domestic violence cases. , making it easier for victims to pursue full damages in civil lawsuits without the limits of "limited liability" protections.
Removes a legal shield that often reduces the financial responsibility of parties found jointly liable. , meaning that parties who ignore or fail to enforce domestic violence protection orders could be responsible for the entire amount of damages, not just a portion.
Applies to violations of protection orders issued not only in New York but also those from other states, territories, or tribal jurisdictions. , strengthening protections for victims who move or have interstate cases.
Highlights the importance of strict enforcement of protection orders by signaling that failures may have significant financial and legal consequences. , potentially encouraging more diligent compliance and oversight by responsible parties.
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Who cares
Headline styles
No Liability Shield for Ignoring Orders
Plain English, a few words. Used as the page title.
Sponsors
8 Co-sponsors
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
734
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. GUNTHER, GLICK, PAULIN, ENGLEBRIGHT, ROSENTHAL, M. G. MILLER, ORTIZ, TITONE, JAFFEE -- Multi-Sponsored by -- M. of A. RIVERA -- 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, eight, or ten of the family court act, section 530.12 of the criminal procedure law, section two hundred forty or two hundred fifty-two 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 immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02895-01-7
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.