Senate Bill S6782

2019-2020 Legislative Session

Relates to equitable distribution of marital property and awards of spousal support for persons convicted of certain offenses

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Oct 18, 2019	referred to rules

2019-S6782 (ACTIVE) - Details

See Assembly Version of this Bill:: A8594
Current Committee:: Senate Judiciary
Law Section:: Domestic Relations Law
Laws Affected:: Amd §236, Dom Rel L; amd §412, Fam Ct Act

2019-S6782 (ACTIVE) - Summary

Waives the requirement of equitable distribution of marital property and awards of spousal support for persons convicted of domestic violence offenses.

2019-S6782 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6782

SPONSOR: CARLUCCI
 
TITLE OF BILL:  An act to amend the domestic relations law, in
relation to the equitable distribution of marital property; and to amend
the family court act, in relation to awards of spousal support for
persons convicted of certain offenses

 
PURPOSE OR GENERAL IDEA OF BILL:

To ensure that domestic violence victims are protected from having to
pay their abusers, through adding certain restrictions on the equitable
division of assets and spousal support.

 
SUMMARY OF PROVISIONS:

Section 1 amends Subdivision 5 of Part B of Section 236 of the Domestic
Relations Law by adding a new Paragraph I to establish that parties
convicted of domestic violence, in New York State or another jurisdic-
tion, are not extended the right to equitable distribution of assets
with the parties that they have been convicted of domestic violence -

against. Domestic violence is constituted in several offenses and
attempts to commit offenses under New York State statute, like assault,
menacing, strangulation, unlawful imprisonment, coercion, criminal
tampering, criminal contempt, aggravated harassment, criminal trespass,
and arson.

Section 2 amends Section 412 of the Family Court Act by adding a new
Subdivision 11 that mandates that parties convicted of domestic
violence, in New York State or another jurisdiction, shall not be
awarded spousal support from a party that they have been convicted of
domestic violence against. Domestic violence is constituted in several
offenses and attempts to commit offenses under New York State statute,
like assault, menacing, strangulation, unlawful imprisonment, coercion,
criminal tampering, criminal contempt, aggravated harassment, criminal
trespass, and arson.

Section 3 provides an effective date of 120 days after enactment and
that the law applies to all matrimonial actions after the effective
date. This legislation shall not be construed to affect certain
provisions of the Domestic Relations Law and the Family Court Act before

 
JUSTIFICATION:

Currently, under New York State law, there is no protection for domestic
violence victims that divorce their spouses, who have been convicted of
domestic violence and supplemental charges, from being forced to pay
alimony and participate in the equitable division of assets against
their abuser. Also, there are no federal guidelines that advise the
court systems on how. domestic violence cases should influence settle-
ments in divorce cases. This absence of law has led to numerous cases
where victims of domestic violence, are re-traumatized and are forced to
compensate their abusers, because of their income and the duration of
their marriage. An egregious example of this lack of legal certainty is
what occurred in Laura Panek's case. Ms. Panek is forced to pay alimony
to her husband, monthly, who was convicted of abusing her during their
marriage. This is unacceptable.


This legislation would ban divorce courts from awarding alimony or
allowing. the equitable division of marital assets if the spouse that
would receive these awards are convicted of domestic violence and
supplemental charges against the other person in the relationship. It
would ensure that the impact that abuse has on a relationship and the
awards of divorce proceedings are not subject to unreliable and incon-
sistent interpretations by the divorce courts. This legislation will
prevent unnecessary trauma and allow for the healing of domestic
violence victims. Similar legislation has been enacted in California.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None

 
EFFECTIVE DATE:
This act shall take effect on the 120th day after it shall have become a
law and shall apply to matrimonial actions commenced on or alter such
effective date.

2019-S6782 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6782
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 18, 2019
                                ___________
 
 Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the domestic relations law, in relation to the equitable
   distribution of marital property; and to amend the family  court  act,
   in  relation  to  awards  of  spousal support for persons convicted of
   certain offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  5  of  part B of section 236 of the domestic
 relations law is amended by adding a new paragraph i to read as follows:
   I. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH C OF THIS  SUBDIVISION,
 IN  ANY  DECISION  MADE PURSUANT TO THIS SUBDIVISION, THE REQUIREMENT OF
 EQUITABLE DISTRIBUTION PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION SHALL
 NOT APPLY WHERE A PARTY HAS BEEN  CONVICTED  OF  ANY  OF  THE  FOLLOWING
 OFFENSES  IN THIS STATE, OR CONVICTED OF AN OFFENSE IN ANOTHER JURISDIC-
 TION WHICH, IF COMMITTED IN THIS STATE, WOULD  CONSTITUTE  ONE  OF  SUCH
 OFFENSES,  WHERE  THE  DEFENDANT AND THE PERSON AGAINST WHOM THE OFFENSE
 WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY OR HOUSEHOLD AS DEFINED IN
 SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE LAW  AND  AS
 ESTABLISHED  PURSUANT  TO  SECTION 370.15 OF THE CRIMINAL PROCEDURE LAW:
 ASSAULT IN THE THIRD DEGREE; MENACING IN THE THIRD DEGREE;  MENACING  IN
 THE  SECOND  DEGREE;  CRIMINAL  OBSTRUCTION OF BREATHING OR BLOOD CIRCU-
 LATION; UNLAWFUL IMPRISONMENT IN THE  SECOND  DEGREE;  COERCION  IN  THE
 THIRD  DEGREE; CRIMINAL TAMPERING IN THE THIRD DEGREE; CRIMINAL CONTEMPT
 IN THE SECOND DEGREE; HARASSMENT IN THE FIRST DEGREE; AGGRAVATED HARASS-
 MENT IN THE SECOND DEGREE; CRIMINAL TRESPASS IN THE THIRD DEGREE; CRIMI-
 NAL TRESPASS IN THE SECOND DEGREE; ARSON IN THE FIFTH DEGREE; OR ATTEMPT
 TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES.
   § 2. Section 412 of the family court act is amended by  adding  a  new
 subdivision 11 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13302-02-9

 S. 6782                             2
 
   11.  NO  AWARD  FOR SPOUSAL SUPPORT PURSUANT TO THE PROVISIONS OF THIS
 PART SHALL BE MADE FOR A PAYEE WHO HAS BEEN  CONVICTED  OF  ANY  OF  THE
 FOLLOWING  OFFENSES IN THIS STATE, OR CONVICTED OF AN OFFENSE IN ANOTHER
 JURISDICTION WHICH, IF COMMITTED IN THIS STATE, WOULD CONSTITUTE ONE  OF
 SUCH  OFFENSES,  WHERE  THE  DEFENDANT  AND  THE PERSON AGAINST WHOM THE
 OFFENSE WAS COMMITTED WERE MEMBERS OF THE SAME FAMILY  OR  HOUSEHOLD  AS
 DEFINED  IN  SUBDIVISION ONE OF SECTION 530.11 OF THE CRIMINAL PROCEDURE
 LAW AND AS ESTABLISHED PURSUANT TO SECTION 370.15 OF THE CRIMINAL PROCE-
 DURE LAW: ASSAULT IN THE THIRD DEGREE; MENACING  IN  THE  THIRD  DEGREE;
 MENACING  IN  THE  SECOND  DEGREE;  CRIMINAL OBSTRUCTION OF BREATHING OR
 BLOOD CIRCULATION; UNLAWFUL IMPRISONMENT IN THE SECOND DEGREE;  COERCION
 IN  THE  THIRD  DEGREE; CRIMINAL TAMPERING IN THE THIRD DEGREE; CRIMINAL
 CONTEMPT IN THE SECOND DEGREE; HARASSMENT IN THE  FIRST  DEGREE;  AGGRA-
 VATED  HARASSMENT  IN  THE SECOND DEGREE; CRIMINAL TRESPASS IN THE THIRD
 DEGREE; CRIMINAL TRESPASS IN THE  SECOND  DEGREE;  ARSON  IN  THE  FIFTH
 DEGREE; OR ATTEMPT TO COMMIT ANY OF THE ABOVE-LISTED OFFENSES.
   § 3. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become a law and shall apply to matrimonial actions and
 family court actions for spousal support  commenced  on  or  after  such
 effective date. Nothing in this act shall be deemed to affect the valid-
 ity of any agreement made pursuant to subdivision 3 of part B of section
 236 of the domestic relations law or section 425 of the family court act
 prior to the effective date of this act.

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Senate Bill S6782

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2019-S6782 (ACTIVE) - Details

2019-S6782 (ACTIVE) - Summary

2019-S6782 (ACTIVE) - Sponsor Memo

2019-S6782 (ACTIVE) - Bill Text download pdf

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Sponsored By

David Carlucci

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

2019-S6782 (ACTIVE) - Details

2019-S6782 (ACTIVE) - Summary

2019-S6782 (ACTIVE) - Sponsor Memo

2019-S6782 (ACTIVE) - Bill Text download pdf

Comments