New York S 4784: Relates to the protection of victims of domestic violence act

Bill Text

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S04784 Summary:

BILL NOS04784 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORSKOUFIS

&nbsp

COSPNSRCLEARE, RAMOS

&nbsp

MLTSPNSR

&nbsp

Add §170, Fam Ct Act

&nbsp

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.

Go to top S04784 Actions:

BILL NOS04784 

&nbsp

02/12/2025REFERRED TO JUDICIARY

01/07/2026REFERRED TO JUDICIARY

Go to topS04784 Committee&nbspVotes:

Go to topS04784 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04784 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4784

 2025-2026 Regular Sessions

 IN SENATE

 February 12, 2025
 ___________

 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 their professional expertise, who provides a report or findings
 7 to the court in a proceeding under this act, from liability for acts
 8 performed within the scope of their appointment in violation of law,
 9 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.
 LBD08758-01-5

 S. 4784 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.

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