What's happening
This bill excludes parties liable for failing to obey or enforce certain orders of protection from limited liability provisions.
Why it matters
Increases accountability for those responsible for enforcing or obeying orders of protection. The bill eliminates limited liability protections for parties who fail to enforce or comply with orders of protection in domestic violence or family law cases, meaning they can be held fully liable for resulting harm.
Expands protection for victims of domestic violence. By removing special liability shields, the bill aims to ensure that victims have stronger avenues for recourse if authorities or individuals do not properly enforce court-issued protective orders.
Covers a broad range of protective orders and jurisdictions. The new language applies to orders of protection issued under various New York laws, as well as those from courts in other states or tribal jurisdictions, ensuring comprehensive coverage and consistency in enforcement responsibility.
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Who cares
People protected by orders of protection
The bill would remove Article 16’s limited-liability protections for parties held liable on claims arising from failure to obey or enforce covered orders.
Law enforcement agencies
Agencies held liable for failing to enforce covered orders of protection would lose access to Article 16’s liability limits for those claims.
People subject to orders of protection
Those held liable for failing to obey covered orders would no longer benefit from Article 16’s limited-liability provisions for resulting claims.
People protected by out-of-state or tribal court orders
The exemption would also cover claims involving orders issued or modified by courts of competent jurisdiction in another state, territory or tribal jurisdiction.
Headline styles
End Liability Limits for DV Orders
Plain English, a few words. Used as the page title.
Sponsors
History
- Signed chap.180
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading cal.299
- Substituted for A5614
- Referred to codes
- Delivered to assembly
- Passed senateVote 42–17
- Advanced to third reading
- 2nd report cal.
- 1st report cal.303
Show 1 earlier action
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Tougher Penalties for Ignoring Orders
Assembly Floor Calendar · Sponsor Helene Weinstein
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1868
2019-2020 Regular Sessions
IN SENATE
January 17, 2019
Introduced by Sen. BAILEY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
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.
LBD00887-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the civil practice law and rules, in relation to exempt- ing 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"
Purpose of bill
This bill would exempt parties liable for failure to obey or enforce domestic violence orders of protection or temporary orders of protection from limited liability provisions.
Summary of provisions of bill
Adds a new paragraph to section 1602 of the civil practice law and rules to exempt domestic violence from apportionment of non-economic damages and restore the rule of joint liability to defendants found liable for failure to obey or enforce an order of protection.
Read the full memo (862 words)
Justification
This bill re-enforces New York's zero-tolerance policy for domestic violence. It permits a domestic violence victim to recover non-economic as well as economic damages from any or all defendants found liable by a court or jury, after a trial on the merits of the action. Current law, as interpreted by the New York State Court of Appeals, does not.
New York changed the common law rules about joint and several liability in 1986 before New York passed the .1994 Family Protection and Domestic Violence Intervention Act (1994 Domestic Violence Act) and funded the programs and services to prevent domestic violence and protect family members against abuse. Under current law, multiple tortfeasors are typi- cally liable for damages only in proportion to their liability for none- conomic losses, i.e. pain and suffering. However, there are significant exceptions to this rule currently in law, such as for liability deriving from automobile accidents, intentional torts and environmental hazards to name but a few. The legislature has provided, in these other types of cases, the same exception which this bill now seeks to add for victims of domestic violence.
This bill gives domestic violence victims civil remedies to make them whole. It gives victims the same access to any liable defendant for full compensation for serious psychological and social harm that the law now allows for medical expenses and lost wages. To deny victims of domestic violence recovery for all of the injuries that they suffer lessens the deterrent effect of domestic violence statutes. In the last decade New York State has enacted legislation to give force and effect to orders of protection - a critical tool against domestic violence. The family court act, domestic relations and criminal procedure laws all have been amended to compel public intervention to prevent domestic violence, protect against violence between family members and to hold accountable those who abuse their families. This is a priority for New York State. It is also important that public institutions charged with enforcement of orders of protection be held accountable. Each year thousands of domestic violence victims go to court in New York State to seek justice and protection. Orders of protection, however, are effective only if they are enforced. New York has enacted laws and adopted policies to encourage, even mandate, police involvement in domestic violence. The Family Court Act gives the police the authority to investigate and arrest a person who violates an order of protection. FCA § 168.
In fact, the 1994 Family Protection and Domestic Violence Intervention Act goes further; it mandates arrest for violations of orders of protection as well as felony and some misdemeanor violence among family members. CPL § 140.10. As a result, the police have explicit authority and a "non-delegable" responsibility to enforce court orders of protection. It has been a long struggle to establish domestic violence as a crime and to compel police intervention. Since 1986, much of the legislation about domestic violence included initiatives to support and promote enforcement of orders of protection to secure a safe environment for families plagued by violence. This bill incorporates the spirit of these policies into the civil procedure law and rules applicable in personal injury cases. This bill permits a domestic violence victim to recover damages from all defendants found liable by a court or jury after a trial on the merits of the action.
This bill deals only with damages after liability has been established and accepted by a court or jury. It does not change tort laws; in negli- gence, a plaintiff must still prove that a defendant owed her duty of care that was breached, where the breach caused her injuries.
This bill does not change the proof required to establish liability for personal injuries, nor does it shift the burden of such proof. Further- more, this bill does not remove immunity specifically granted to the police or public officers by statute. It also does not assign liability to municipalities for performance of governmental functions. The bill only allows a plaintiff who has proven her case and won damages for her injuries to collect those damages from any and all defendants.
Legislative history
2017-18: A.1390 - Referred to Codes
Fiscal implications for state and local governments
Unknown.
Effective date
This act shall take effect on the sixtieth day after it becomes law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.