|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to judiciary|
|Jan 09, 2013||referred to judiciary|
senate Bill S291
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S291 - Details
S291 - Summary
Provides that certain actions for injury caused by domestic violence may be commenced within two years.
S291 - Sponsor Memo
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
S291 - Bill Text download pdf
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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