Bill Text: NY A08571 | 2019-2020 | General Assembly | Introduced

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Bill Title: Prohibits an award for attorney's fees in a matrimonial action for a party 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 procedure 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; aggravated 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A08571 Detail]

Download: New_York-2019-A08571-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8571

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                   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  awards  of
          attorney's  fees  in  matrimonial  actions  for  persons  convicted of
          certain offenses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  237  of the domestic relations law is amended by
     2  adding a new subdivision (e) to read as follows:
     3    (e) Notwithstanding any provision of law to the contrary, no award for
     4  attorney's fees shall be made pursuant to this section for a  party  who
     5  has  been  convicted  of any of the following offenses in this state, or
     6  convicted of an offense in another jurisdiction which, if  committed  in
     7  this  state,  would constitute one of such offenses, where the defendant
     8  and the person against whom the offense was committed  were  members  of
     9  the  same  family  or household as defined in subdivision one of section
    10  530.11 of the criminal procedure law  and  as  established  pursuant  to
    11  section  370.15  of  the  criminal  procedure  law: assault in the third
    12  degree; menacing in the third degree; menacing  in  the  second  degree;
    13  criminal  obstruction of breathing or blood circulation; unlawful impri-
    14  sonment in the second degree; coercion in  the  third  degree;  criminal
    15  tampering  in  the third degree; criminal contempt in the second degree;
    16  harassment in the first degree;  aggravated  harassment  in  the  second
    17  degree;  criminal trespass in the third degree; criminal trespass in the
    18  second degree; arson in the fifth degree; or attempt to  commit  any  of
    19  the above-listed offenses.
    20    § 2. This act shall take effect on the one hundred twentieth day after
    21  it  shall  have  become a law and shall apply to actions and proceedings
    22  commenced on or after such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13642-01-9