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.
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