Assembly Bill A8139

2013-2014 Legislative Session

Relates to civil remedies for stalking victims

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2013-A8139 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §213-d, CPLR
Versions Introduced in 2015-2016 Legislative Session:
A4800

2013-A8139 (ACTIVE) - Summary

Relates to civil remedies for stalking victims.

2013-A8139 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8139

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             August 30, 2013
                               ___________

Introduced by M. of A. CLARK, GABRYSZAK -- read once and referred to the
  Committee on Codes

AN  ACT  to amend the civil practice law and rules, in relation to civil
  remedies for stalking victims

  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 213-d to read as follows:
  S  213-D. ACTION BY VICTIM OF CONDUCT CONSTITUTING A STALKING OFFENSE.
NOTWITHSTANDING ANY OTHER LIMITATION SET FORTH IN THIS ARTICLE, A  CIVIL
CLAIM  OR  CAUSE  OF  ACTION  TO RECOVER FROM A DEFENDANT AS HEREINAFTER
DEFINED, FOR THE COMPENSATORY DAMAGES SUFFERED BY A PERSON AS  A  RESULT
OF ACTS BY SUCH DEFENDANT OF STALKING IN THE FOURTH DEGREE AS DEFINED IN
SECTION  120.45  OF  THE  PENAL  LAW, OR STALKING IN THE THIRD DEGREE AS
DEFINED IN SECTION 120.50 OF THE PENAL LAW, OR STALKING  IN  THE  SECOND
DEGREE AS DEFINED IN SECTION 120.55 OF THE PENAL LAW, OR STALKING IN THE
FIRST  DEGREE  AS  DEFINED  IN  SECTION  120.60  OF THE PENAL LAW MAY BE
BROUGHT WITHIN FIVE YEARS. IF COMPENSATORY DAMAGES ARE AWARDED, PUNITIVE
DAMAGES MAY ALSO BE AWARDED. AS USED IN THIS SECTION, THE TERM  "DEFEND-
ANT"  SHALL  MEAN  ONLY  A PERSON WHO COMMITS THE ACTS DESCRIBED IN THIS
SECTION OR WHO, IN A CRIMINAL PROCEEDING, COULD BE CHARGED WITH CRIMINAL
LIABILITY FOR THE COMMISSION OF SUCH ACTS PURSUANT TO SECTION  20.00  OF
THE PENAL LAW AND SHALL NOT APPLY TO ANY RELATED CIVIL CLAIM OR CAUSE OF
ACTION ARISING FROM SUCH ACTS; AND THE TERM "COMPENSATORY DAMAGES" SHALL
INCLUDE  DAMAGES  FOR  ALL  THE  DEFENDANT'S ACTS PROHIBITED BY SECTIONS
120.45, 120.50 AND 120.55 OF THE PENAL  LAW.  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 PROCEED-
ING 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.

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