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A01390 Summary:

BILL NOA01390
 
SAME ASNo Same As
 
SPONSORWeinstein
 
COSPNSRTitone, Jaffee, Perry, Zebrowski, Seawright, Miller MG, Paulin, Titus, Otis, Bichotte, Bronson
 
MLTSPNSRFahy, Glick, Simon
 
Amd 1602, CPLR
 
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.
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A01390 Actions:

BILL NOA01390
 
01/12/2017referred to codes
03/22/2017reported
03/23/2017advanced to third reading cal.152
05/08/2017passed assembly
05/08/2017delivered to senate
05/08/2017REFERRED TO CODES
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.101
05/08/2018passed assembly
05/08/2018delivered to senate
05/08/2018REFERRED TO CODES
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A01390 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1390
 
SPONSOR: Weinstein (MS)
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to exempting parties liable for failure to obey or enforce certain orders of protection or temporary orders of protection in domes- tic violence or domestic relations matters from the provisions of arti- cle sixteen of such law, entitled "limited liability of persons jointly liable"   PURPOSE OF BILL: This bill would exempt parties liable for failure to obey or enforce domestic violence orders of protection or temporary orders of protection from limited liability provisions.   SUMMARY OF PROVISIONS OF BILL: Adds a new paragraph to section 1602 of the civil practice law and rules to exempt domestic violence from apportionment of non-economic damages and restore the rule of joint liability to defendants found liable for failure to obey or enforce an order of protection.   JUSTIFICATION: This bill re-enforces New York's zero-tolerance policy for domestic violence. It permits a domestic violence victim to recover non-economic as well as economic damages from any or all defendants found liable by a court or jury, after a trial on the merits of the action. Current law, as interpreted by the New York State Court of Appeals, does not. New York changed the common law rules about joint and several liability in 1986 before New York passed the 1994 Family Protection and Domestic Violence Intervention Act (1994 Domestic Violence Act) and funded the programs and services to prevent domestic violence and protect family members against abuse. Under current law, multiple tortfeasors are typi- cally liable for damages only in proportion to their liability for non- economic losses, i.e. pain and suffering. However, there are signif- icant exceptions to this rule currently in law, such as for liability deriving from automobile accidents, intentional torts and environmental hazards to name but a few. The legislature has provided, in these other types of cases, the same exception which this bill now seeks to add for victims of domestic violence. This bill gives domestic violence victims civil remedies to make them whole. It gives victims the same access to any liable defendant for full compensation for serious psychological and social harm that the law now allows for medical expenses and lost wages. To deny victims of domestic violence recovery for all of the injuries that they suffer lessens the deterrent effect of domestic violence statutes. In the last decade New York State has enacted legislation to give force and effect to orders of protection - a critical tool against domestic violence. The family court act, domestic relations and criminal proce- dure laws all have been amended to compel public intervention to prevent domestic violence, protect against violence between family members and to hold accountable those who abuse their families. This is a priority for New York State. It is also important that public institutions charged with enforcement of orders of protection be held accountable. Each year thousands of domestic violence victims go to court in New York State to seek justice and protection. Orders of protection, however, are effective only if they are enforced. New York has enacted laws and adopted policies to encourage, even mandate, police involvement in domestic violence. The Family Court Act gives the police the authority to investigate and arrest a person who violates an order of protection. FCA § 168. In fact, the 1994 Family Protection and Domestic Violence Intervention Act goes further; it mandates arrest for violations of orders of protection as well as felony and some misdemeanor violence among family members. CPL § 140.10. As a result, the police have explicit authority and a "non-delegable" responsibility to enforce court orders of protection. It has been a long struggle to establish domestic violence as a crime and to compel police intervention. Since 1986, much of the legislation about domestic violence included initiatives to support and promote enforcement of orders of protection to secure a safe environment for families plagued by violence. This bill incorporates the spirit of these policies into the civil procedure law and rules applicable in personal injury cases. This bill permits a domestic violence victim to recover damages from all defendants found liable by a court or jury after a trial on the merits of the action. This bill deals only with damages after liability has been established and accepted by a court or jury. It does not change tort laws; in negli- gence, a plaintiff must still prove that a defendant owed her duty of care that was breached, where the breach caused her injuries. This bill does not change the proof required to establish liability for personal injuries, nor does it shift the burden of such proof. Furthermore, this bill does not remove immunity specifically granted to the police or public officers by statute. It also does not assign liability to munici- palities for performance of governmental functions. The bill only allows a plaintiff who has proven her case and won damages for her injuries to collect those damages from any and all defendants.   LEGISLATIVE HISTORY: 2015-16: A.260 - PA 2014: A.899/S.6928 - PA/S.Judiciary 2013: A.899 - PA 2012: A.2350/S.7202 - PA/S. Finance 2011: A.2350 - PA 2009-10: A.5516   John/S.4452 - PA/S.Codes 2007-08: A.2078   John - A. Cal 2005-06: A.1271   John - A. Cal 2003-04: A.33   John - A. Cal 2002: A.10497   John - A. Cal   FISCAL IMPLICATIONS FOR STATE E AND LOCAL GOVERNMENTS: Unknown.   EFFECTIVE DATE: This act shall take effect on the sixtieth day after it becomes law.
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A01390 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1390
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 12, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  WEINSTEIN, TITONE, JAFFEE, PERRY, ZEBROWSKI,
          SEAWRIGHT, M. G. MILLER, PAULIN, TITUS, OTIS -- Multi-Sponsored by  --
          M.  of A.  FAHY, GLICK, SIMON -- read once and referred to the Commit-
          tee 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:
 
     1    Section 1. Section 1602 of the civil practice law and rules is amended
     2  by adding a new subdivision 14 to read as follows:
     3    14. not apply to any party held liable for  claims  arising  from  the
     4  failure  to  obey  or  enforce (a) an order of protection or a temporary
     5  order of protection issued or modified pursuant to article  four,  five,
     6  six,  seven, eight or ten of the family court act, section 530.12 of the
     7  criminal procedure law, section two hundred forty or two hundred  fifty-
     8  two  of  the  domestic  relations  law, or (b) an order of protection or
     9  temporary order of protection issued or modified by a court of competent
    10  jurisdiction in another state, territorial or tribal jurisdiction.
    11    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    12  have become a law.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02843-01-7
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