| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 06, 2010 |
print number 5681a |
| May 06, 2010 |
amend and recommit to codes |
| Jan 06, 2010 |
referred to codes |
| May 27, 2009 |
referred to codes |
Senate Bill S5681A
2009-2010 Legislative Session
Sponsored By
(D) 11th Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
Actions
Bill Amendments
2009-S5681 - Details
2009-S5681 - Sponsor Memo
BILL NUMBER: S5681
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.
JUSTIFICATION :
Currently, domestic violence incidents are treated the same way as
assault and civil suits which must be initiated within one year after
the incident. This does not take into consideration the highly
emotional and extremely difficult factors involved in domestic
violence situations. Various personal reasons often force victims to
delay for over a year to make the very difficult decision to end the
relationship. Unfortunately, under current law, the victim would be
2009-S5681 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5681
2009-2010 Regular Sessions
I N S E N A T E
May 27, 2009
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
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.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11902-01-9
co-Sponsors
(D, WF) Senate District
2009-S5681A (ACTIVE) - Details
2009-S5681A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5681A
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.
Senate 5681-A 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
the incident. This does not take into consideration the highly
2009-S5681A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5681--A
2009-2010 Regular Sessions
I N S E N A T E
May 27, 2009
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes -- recommitted to
the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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.
LBD11902-03-0
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