assembly Bill A1395

2013-2014 Legislative Session

Exempts parties liable for failure to obey or enforce domestic violence orders of protection or temporary orders of protection from limited liability provisions

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to codes
Jan 09, 2013 referred to codes

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A1395 (ACTIVE) - Details

See Senate Version of this Bill:
S5336
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง1602, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A5516
2011-2012: A2020, A2350
2015-2016: A1031, A260, S3457
2017-2018: A734, A1390
2019-2020: A5614

A1395 (ACTIVE) - Summary

Exempts parties liable for failure to obey or enforce certain child protective, domestic relations, or domestic violence orders of protection or temporary orders of protection from limited liability provisions pertaining to non-economic loss and providing for limitation of joint liability.

A1395 (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1395

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. GUNTHER, GLICK, PAULIN, ENGLEBRIGHT, GABRYSZAK,
  ROSENTHAL, MILLER, ORTIZ, TITONE -- read  once  and  referred  to  the
  Committee on Codes

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"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, 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 CRIMI-
NAL 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 JURISDIC-
TION IN ANOTHER STATE, TERRITORIAL, OR TRIBAL JURISDICTION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02470-01-3