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A01967 Summary:

BILL NOA01967A
 
SAME ASSAME AS S06050-A
 
SPONSORZebrowski
 
COSPNSRJaffee, Cruz
 
MLTSPNSR
 
Amd §236, Dom Rel L
 
Includes acts of domestic violence in the criteria the court shall consider in determining the equitable disposition of property during divorce proceedings.
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A01967 Actions:

BILL NOA01967A
 
01/18/2019referred to judiciary
05/30/2019reported referred to codes
06/18/2019reported referred to rules
06/19/2019reported
06/19/2019rules report cal.584
06/19/2019ordered to third reading rules cal.584
06/20/2019substituted by s6050
 S06050 AMEND=A HOYLMAN
 05/16/2019REFERRED TO JUDICIARY
 06/17/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/17/2019ORDERED TO THIRD READING CAL.1437
 06/17/2019PASSED SENATE
 06/17/2019DELIVERED TO ASSEMBLY
 06/17/2019referred to codes
 06/20/2019substituted for a1967
 06/20/2019ordered to third reading rules cal.584
 01/08/2020died in assembly
 01/08/2020returned to senate
 01/08/2020REFERRED TO JUDICIARY
 01/28/20201ST REPORT CAL.299
 01/29/20202ND REPORT CAL.
 02/03/2020ADVANCED TO THIRD READING
 03/02/2020AMENDED ON THIRD READING 6050A
 01/08/2020ordered to third reading cal.89
 02/24/2020amended on third reading 1967a
 03/10/2020passed assembly
 03/10/2020delivered to senate
 03/10/2020REFERRED TO JUDICIARY
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A01967 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1967A
 
SPONSOR: Zebrowski
  TITLE OF BILL: 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   PURPOSE: This bill would require the courts to consider acts of domestic violence when determining the equitable disposition of property in a divorce proceeding.   SUMMARY OF PROVISIONS: Section one of this bill amends the section 236 of the domestic relation law, as it relates to requiring that any prior acts of domestic violence are considered when determining equitable distribution of property in divorce proceedings. Section two relates to the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE): The amendments add consideration to the impact of such acts of domestic violence.   JUSTIFICATION: Domestic violence is a scourge in our society. Often times it not only leads to the dissolution of a marriage but has physical, emotional and psychological effects on the victim. Abuse within a marriage must be considered in order to properly adjudicate its dissolution and the, financial situation established. This bill would direct a judge to consider abuse when making an equitable distribution decision.   LEGISLATIVE HISTORY: A.11345 of 2017-18   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the thirtieth day after it shall have become a law and shall apply to matrimonial actions commenced on or after such effective date.
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A01967 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1967--A
                                                                 Cal. No. 89
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 18, 2019
                                       ___________
 
        Introduced  by  M.  of A. ZEBROWSKI, JAFFEE -- read once and referred to
          the Committee on Judiciary -- ordered to a third reading, amended  and
          ordered reprinted, retaining its place on 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.
                                                                   LBD01567-02-0
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