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Senate Bill S4784

2025-2026 Legislative Session

Eliminates judicial immunity or quasi-judicial immunity for certain third parties who provide a report or finding to the family court

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Current Bill Status - In Senate Committee Judiciary Committee

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2025-S4784 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Family Court Act
Laws Affected:
Add §170, Fam Ct Act
Versions Introduced in Other Legislative Sessions:
2021-2022: S9122
2023-2024: S3435

2025-S4784 (ACTIVE) - Summary

Eliminates judicial immunity or quasi-judicial immunity for certain third parties, such as special masters, minor's counsel, investigators, therapists, evaluators, receivers, bankruptcy trustees, experts, and factfinders, who provide a report or finding to the family court.

2025-S4784 (ACTIVE) - Sponsor Memo

2025-S4784 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4784
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2025
                                ___________
 
 Introduced  by  Sens.  SKOUFIS,  CLEARE, RAMOS -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary
 
 AN  ACT  to amend the family court act, in relation to eliminating judi-
   cial immunity or quasi-judicial immunity for certain third parties who
   provide a report or finding to the family court

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The family court act is amended by adding a new section 170
 to read as follows:
   §  170. JUDICIAL AND QUASI-JUDICIAL IMMUNITY. 1. THE DOCTRINE OF JUDI-
 CIAL IMMUNITY OR QUASI-JUDICIAL IMMUNITY SHALL NOT  APPLY  TO  EXONERATE
 ANY  PRIVATE  THIRD PARTY APPOINTED BY THE COURT IN AN ADVISORY CAPACITY
 BASED ON THEIR PROFESSIONAL EXPERTISE, WHO PROVIDES A REPORT OR FINDINGS
 TO THE COURT IN A PROCEEDING UNDER THIS ACT,  FROM  LIABILITY  FOR  ACTS
 PERFORMED  WITHIN  THE  SCOPE  OF THEIR APPOINTMENT IN VIOLATION OF LAW,
 RULES OF COURT, OR PROFESSIONAL STANDARDS.
   2. THIS SECTION SHALL APPLY TO PRIVATE  INDIVIDUALS  SUCH  AS  SPECIAL
 MASTERS, MINOR'S COUNSEL, INVESTIGATORS, THERAPISTS, EVALUATORS, RECEIV-
 ERS,  BANKRUPTCY  TRUSTEES,  EXPERTS,  FACTFINDERS,  AND  OTHER  PERSONS
 SPECIFICALLY APPOINTED BY THE COURT IN AN  ADVISORY  CAPACITY  BASED  ON
 THEIR PROFESSIONAL TRAINING OR EXPERTISE.
   3.  THIS  SECTION SHALL NOT APPLY TO ANY JUDICIAL OFFICER, SUBORDINATE
 JUDICIAL OFFICER,  ARBITRATOR,  OR  PUBLIC  EMPLOYEE  PROTECTED  BY  THE
 DOCTRINE OF JUDICIAL IMMUNITY OR QUASI-JUDICIAL IMMUNITY.
   4.  DURING  A  CIVIL,  CRIMINAL,  OR  ADMINISTRATIVE  INVESTIGATION OR
 PROCEEDING IN WHICH A COURT APPOINTEE'S ALLEGED MISCONDUCT, AS DESCRIBED
 IN SUBDIVISION ONE OF THIS SECTION, IS AT ISSUE, ANY STATUTES OF LIMITA-
 TION APPLICABLE TO THE UNDERLYING, OR OTHER  RELATED,  CIVIL  LITIGATION
 SHALL BE TOLLED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08758-01-5
 S. 4784                             2

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