Bill Text: NY S06050 | 2019-2020 | General Assembly | Amended

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Bill Title: Includes acts of domestic violence in the criteria the court shall consider in determining the equitable disposition of property during divorce proceedings.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2020-12-28 - COMMITTED TO RULES [S06050 Detail]

Download: New_York-2019-S06050-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6050--A
            Cal. No. 299

                               2019-2020 Regular Sessions

                    IN SENATE

                                      May 16, 2019
                                       ___________

        Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary  --  recommitted
          to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
          -- reported favorably from said committee, ordered to first and second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading

        AN ACT to amend the domestic relations law,  in  relation  to  including
          acts  of domestic violence in the criteria the court shall consider in
          determining the  equitable  disposition  of  property  during  divorce
          proceedings

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

     1    Section 1. Subparagraph 14 of paragraph d of subdivision 5 of  part  B
     2  of  section 236 of the domestic relations law, as amended by chapter 281
     3  of the laws of 1980 and as renumbered by chapter  229  of  the  laws  of
     4  2009, is amended to read as follows:
     5    (14)  whether  either  party  has committed an act or acts of domestic
     6  violence, as described  in  subdivision  one  of  section  four  hundred
     7  fifty-nine-a of the social services law, against the other party and the
     8  nature, extent, duration and impact of such act or acts; and
     9    (15)  any other factor which the court shall expressly find to be just
    10  and proper.
    11    § 2. This act shall take effect on the thirtieth day  after  it  shall
    12  have become a law and shall apply to matrimonial actions commenced on or
    13  after such effective date. Nothing in this act shall be deemed to affect
    14  the  validity  of any agreement made pursuant to subdivision 3 of part B
    15  of section 236 of the domestic relations law or section 425 of the fami-
    16  ly court act prior to the effective date of this act.   Effective  imme-
    17  diately, the addition, amendment and/or repeal of any rule or regulation
    18  necessary  for  the implementation of this act on its effective date are
    19  authorized to be made on or before such date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01567-03-0