Bill Text: NY A08594 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A08594 Detail]

Download: New_York-2019-A08594-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8594

                               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 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:

     1    Section  1.  Subdivision  5  of  part B of section 236 of the domestic
     2  relations law is amended by adding a new paragraph i to read as follows:
     3    i. Notwithstanding the provisions of paragraph c of this  subdivision,
     4  in  any  decision  made pursuant to this subdivision, the requirement of
     5  equitable distribution pursuant to paragraph c of this subdivision shall
     6  not apply where a party has been  convicted  of  any  of  the  following
     7  offenses  in this state, or convicted of an offense in another jurisdic-
     8  tion which, if committed in this state, would  constitute  one  of  such
     9  offenses,  where  the  defendant and the person against whom the offense
    10  was committed were members of the same family or household as defined in
    11  subdivision one of section 530.11 of the criminal procedure law  and  as
    12  established  pursuant  to  section 370.15 of the criminal procedure law:
    13  assault in the third degree; menacing in the third degree;  menacing  in
    14  the  second  degree;  criminal  obstruction of breathing or blood circu-
    15  lation; unlawful imprisonment in the  second  degree;  coercion  in  the
    16  third  degree; criminal tampering in the third degree; criminal contempt
    17  in the second degree; harassment in the first degree; aggravated harass-
    18  ment in the second degree; criminal trespass in the third degree; crimi-
    19  nal trespass in the second degree; arson in the fifth degree; or attempt
    20  to commit any of the above-listed offenses.
    21    § 2. Section 412 of the family court act is amended by  adding  a  new
    22  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
        A. 8594                             2

     1    11.  No  award  for spousal support pursuant to the provisions of this
     2  part shall be made for a payee who has been  convicted  of  any  of  the
     3  following  offenses in this state, or convicted of an offense in another
     4  jurisdiction which, if committed in this state, would constitute one  of
     5  such  offenses,  where  the  defendant  and  the person against whom the
     6  offense was committed were members of the same family  or  household  as
     7  defined  in  subdivision one of section 530.11 of the criminal procedure
     8  law and as established pursuant to section 370.15 of the criminal proce-
     9  dure law: assault in the third degree; menacing  in  the  third  degree;
    10  menacing  in  the  second  degree;  criminal obstruction of breathing or
    11  blood circulation; unlawful imprisonment in the second degree;  coercion
    12  in  the  third  degree; criminal tampering in the third degree; criminal
    13  contempt in the second degree; harassment in the  first  degree;  aggra-
    14  vated  harassment  in  the second degree; criminal trespass in the third
    15  degree; criminal trespass in the  second  degree;  arson  in  the  fifth
    16  degree; or attempt to commit any of the above-listed offenses.
    17    § 3. This act shall take effect on the one hundred twentieth day after
    18  it  shall  have  become a law and shall apply to matrimonial actions and
    19  family court actions for spousal support  commenced  on  or  after  such
    20  effective date. Nothing in this act shall be deemed to affect the valid-
    21  ity of any agreement made pursuant to subdivision 3 of part B of section
    22  236 of the domestic relations law or section 425 of the family court act
    23  prior to the effective date of this act.