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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules 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
Oct 18, 2019 referred to rules

S6782 (ACTIVE) - Details

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

S6782 (ACTIVE) - Summary

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

S6782 (ACTIVE) - Sponsor Memo

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

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