senate Bill S291

2013-2014 Legislative Session

Provides that certain actions for injury caused by domestic violence may be commenced within two years

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to judiciary
Jan 09, 2013 referred to judiciary

S291 - Bill Details

See Assembly Version of this Bill:
A1302
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add ยง215-a, CPLR
Versions Introduced in Previous Legislative Sessions:
2011-2012: S840, A2090
2009-2010: S5681A, A8621A

S291 - Bill Texts

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Provides that certain actions for injury caused by domestic violence may be commenced within two years.

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BILL NUMBER:S291

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
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
barred from initiating a civil suit. This bill would recognize the
sensitive nature of domestic violence and afford victims an extra year.

PRIOR LEGISLATIVE HISTORY:
Previously introduced.

FISCAL IMPLICATIONS FOR STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   291

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.
                                                           LBD00457-01-3

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