Bill Text: NY S03435 | 2023-2024 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-01-03 - REFERRED TO JUDICIARY [S03435 Detail]

Download: New_York-2023-S03435-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3435

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        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:

     1    Section 1. The family court act is amended by adding a new section 170
     2  to read as follows:
     3    §  170. Judicial and quasi-judicial immunity. 1. The doctrine of judi-
     4  cial immunity or quasi-judicial immunity shall not  apply  to  exonerate
     5  any  private  third party appointed by the court in an advisory capacity
     6  based on his or her professional expertise, who  provides  a  report  or
     7  findings to the court in a proceeding under this act, from liability for
     8  acts  performed  within the scope of his or her appointment in violation
     9  of law, rules of court, or professional standards.
    10    2. This section shall apply to private  individuals  such  as  special
    11  masters, minor's counsel, investigators, therapists, evaluators, receiv-
    12  ers,  bankruptcy  trustees,  experts,  factfinders,  and  other  persons
    13  specifically appointed by the court in an  advisory  capacity  based  on
    14  their professional training or expertise.
    15    3.  This  section shall not apply to any judicial officer, subordinate
    16  judicial officer,  arbitrator,  or  public  employee  protected  by  the
    17  doctrine of judicial immunity or quasi-judicial immunity.
    18    4.  During  a  civil,  criminal,  or  administrative  investigation or
    19  proceeding in which a court appointee's alleged misconduct, as described
    20  in subdivision one of this section, is at issue, any statutes of limita-
    21  tion applicable to the underlying, or other  related,  civil  litigation
    22  shall be tolled.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07040-01-3
        S. 3435                             2

     1    5.  Notwithstanding  any other law, any applicable statutes of limita-
     2  tion shall be tolled in an action for recovery of  damages  for  alleged
     3  misconduct perpetrated by a court appointee, as described in subdivision
     4  one of this section, while the person seeking relief was a minor.
     5    § 2. This act shall take effect immediately.