Assembly Bill A4800

2015-2016 Legislative Session

Relates to civil remedies for stalking victims

download bill text pdf

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Archive: Last Bill Status - Stricken

  • 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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2015-A4800 (ACTIVE) - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §213-d, CPLR
Versions Introduced in 2013-2014 Legislative Session:
A8139

2015-A4800 (ACTIVE) - Summary

Relates to civil remedies for stalking victims.

2015-A4800 (ACTIVE) - Bill Text download pdf 

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

                                  4800

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2015
                               ___________

Introduced  by M. of A. CLARK -- 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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