Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2016 |
referred to judiciary |
Feb 03, 2015 |
referred to judiciary |
Senate Bill S3175
2015-2016 Legislative Session
Sponsored By
(D) 11th Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
(D, WF) Senate District
2015-S3175 (ACTIVE) - Details
2015-S3175 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3175 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the time within which certain actions for injury caused by domestic violence may be commenced PURPOSE OF BILL: This bill would increase the statute of limitations for civil suits related to injury caused by domestic violence to two years. SUMMARY OF PROVISIONS: Section 1 of the bill amends civil practice law and rules to add a new section 215-a relating to actions to recover damages for injuries arising from acts of domestic violence. An action to recover damages related to domestic violence shall be commenced within two years. Adds that no criminal charge be brought or criminal conviction be obtained as a condition of bringing a civil cause of action or receiving a civil judgment. No rules governing a criminal procedure are applicable to any such civil action. JUSTIFICATION: Currently, domestic violence incidents are treated the same way as assault and civil suits which must be initiated within one year after
2015-S3175 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3175 2015-2016 Regular Sessions I N S E N A T E February 3, 2015 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the time within which certain actions for injury caused by domestic violence may be commenced THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The civil practice law and rules is amended by adding a new section 215-a to read as follows: S 215-A. ACTIONS TO RECOVER DAMAGES FOR INJURY ARISING FROM ACTS OF DOMESTIC VIOLENCE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, AN ACTION TO RECOVER DAMAGES FOR INJURY ARISING FROM AN ACT OF DOMESTIC VIOLENCE, INCLUDING DISORDERLY CONDUCT, HARASSMENT, MENACING, RECKLESS ENDANGERMENT, KIDNAPPING, ASSAULT, ATTEMPTED ASSAULT, OR ATTEMPTED MURDER, COMMITTED AGAINST ANY PERSON OVER THE AGE OF SIXTEEN, ANY MARRIED PERSON OR ANY PARENT ACCOMPANIED BY HIS OR HER MINOR CHILD OR CHILDREN IN SITUATIONS IN WHICH SUCH PERSON OR SUCH PERSON'S CHILD IS A VICTIM OF SUCH ACTS, SHALL BE COMMENCED WITHIN TWO YEARS. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THAT A CRIMINAL CHARGE BE BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED AS A CONDITION OF BRINGING A CIVIL CAUSE OF ACTION OR RECEIVING A CIVIL JUDGMENT PURSUANT TO THIS SECTION OR BE CONSTRUED TO REQUIRE THAT ANY OF THE RULES GOVERNING A CRIMINAL PROCEEDING BE APPLICABLE TO ANY SUCH CIVIL ACTION. S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00413-01-5
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