Assembly Bill A8594

2019-2020 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A8594 (ACTIVE) - Details

See Senate Version of this Bill:
S6782
Current Committee:
Assembly Judiciary
Law Section:
Domestic Relations Law
Laws Affected:
Amd §236, Dom Rel L; amd §412, Fam Ct Act

2019-A8594 (ACTIVE) - Summary

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

2019-A8594 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8594
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            September 13, 2019
                                ___________
 
 Introduced  by M. of A. REYES -- read once and referred to the Committee
   on Judiciary
 
 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

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