Senate Bill S6992

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

                                  6992

                            I N  S E N A T E

                             March 14, 2016
                               ___________

Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Social Services

AN ACT to amend the social services law, in relation to a civil cause of
  action for human trafficking

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  (c) of section 483-bb of the social services
law, as added by chapter 368 of the laws of 2015, is amended to read  as
follows:
  (c)  (I)  An  individual  who is a victim of the conduct prohibited by
section 230.33, 230.34, 135.35 or 135.37 of the penal law  may  bring  a
civil  action  against  the perpetrator or whoever knowingly advances or
profits from, or whoever should have known he or she  was  advancing  or
profiting from, an act in violation of section 230.33, 230.34, 135.35 or
135.37  of  the  penal  law to recover ACTUAL, COMPENSATORY AND PUNITIVE
damages [and], INJUNCTIVE RELIEF, ANY COMBINATION OF THOSE OR ANY  OTHER
APPROPRIATE RELIEF, AS WELL AS reasonable attorney's fees.
  (II)  IN ADDITION TO THE REMEDIES SPECIFIED IN THIS SUBDIVISION, IN AN
ACTION UNDER THIS SUBDIVISION, SUCH INDIVIDUAL  MAY  BE  AWARDED  UP  TO
THREE TIMES HIS OR HER ACTUAL DAMAGES OR TEN THOUSAND DOLLARS ($10,000),
WHICHEVER  IS GREATER. IN ADDITION, PUNITIVE DAMAGES MAY ALSO BE AWARDED
UPON PROOF OF THE PERPETRATOR'S MALICE, OPPRESSION, FRAUD, OR DURESS  IN
COMMITTING THE ACT OF HUMAN TRAFFICKING.
  (III)  AN  ACTION  BROUGHT  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
COMMENCED WITHIN SEVEN YEARS OF THE DATE ON WHICH THE TRAFFICKING VICTIM
WAS FREED FROM THE TRAFFICKING SITUATION OR, IF THE VICTIM WAS  A  MINOR
WHEN  THE  ACT  OF HUMAN TRAFFICKING AGAINST THE VICTIM OCCURRED, WITHIN
TEN YEARS AFTER THE DATE THE VICTIM ATTAINS THE AGE OF MAJORITY.
  (IV) IF A PERSON ENTITLED TO SUE IS UNDER A DISABILITY AT THE TIME THE
CAUSE OF ACTION ACCRUES SO THAT IT IS IMPOSSIBLE  OR  IMPRACTICABLE  FOR
HIM  OR  HER  TO BRING AN ACTION UNDER THIS SUBDIVISION, THE TIME OF THE
DISABILITY IS NOT PART OF THE TIME LIMITED FOR THE COMMENCEMENT  OF  THE
ACTION.  DISABILITY  WILL TOLL THE RUNNING OF THE STATUTE OF LIMITATIONS
FOR THIS ACTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13532-02-6

S. 6992                             2

  (A) DISABILITY INCLUDES BEING A MINOR, LACKING LEGAL CAPACITY TO  MAKE
DECISIONS, IMPRISONMENT, OR OTHER INCAPACITY OR INCOMPETENCE.
  (B) THE STATUTE OF LIMITATIONS SHALL NOT RUN AGAINST A VICTIM WHO IS A
MINOR OR WHO LACKS THE LEGAL COMPETENCE TO MAKE DECISIONS SIMPLY BECAUSE
A GUARDIAN AD LITEM HAS BEEN APPOINTED. A GUARDIAN AD LITEM'S FAILURE TO
BRING A VICTIM'S ACTION WITHIN THE APPLICABLE LIMITATION PERIOD WILL NOT
PREJUDICE  THE VICTIM'S RIGHT TO DO SO AFTER HIS OR HER DISABILITY CEAS-
ES.
  (C) THE PERPETRATOR IS ESTOPPED FROM ASSERTING A DEFENSE OF THE  STAT-
UTE  OF LIMITATIONS WHEN THE EXPIRATION OF THE STATUTE IS DUE TO CONDUCT
BY SUCH PERPETRATOR INDUCING THE VICTIM  TO  DELAY  THE  FILING  OF  THE
ACTION,  OR  DUE  TO THREATS MADE BY THE PERPETRATOR CAUSING DURESS UPON
THE VICTIM.
  (D) THE SUSPENSION OF THE STATUTE OF LIMITATIONS  DUE  TO  DISABILITY,
LACK OF KNOWLEDGE, OR ESTOPPEL APPLIES TO ALL OTHER RELATED CLAIMS ARIS-
ING OUT OF THE TRAFFICKING SITUATION.
  (E)  THE RUNNING OF THE STATUTE OF LIMITATIONS IS POSTPONED DURING THE
PENDENCY OF CRIMINAL PROCEEDINGS AGAINST THE VICTIM.
  (V) THE RUNNING OF THE STATUTE OF LIMITATIONS MAY BE  SUSPENDED  IF  A
PERSON ENTITLED TO SUE COULD NOT HAVE REASONABLY DISCOVERED THE CAUSE OF
ACTION  DUE  TO  CIRCUMSTANCES RESULTING FROM THE TRAFFICKING SITUATION,
SUCH AS PSYCHOLOGICAL TRAUMA, CULTURAL AND LINGUISTIC ISOLATION, AND THE
INABILITY TO ACCESS SERVICES.
  (VI) A PREVAILING VICTIM MAY ALSO  BE  AWARDED  REASONABLE  ATTORNEY'S
FEES  AND LITIGATION COSTS INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESS
FEES AND EXPENSES AS PART OF THE COSTS.
  (VII) RESTITUTION PAID BY THE PERPETRATOR TO THE VICTIM SHALL BE CRED-
ITED AGAINST A JUDGMENT, AWARD, OR SETTLEMENT OBTAINED  PURSUANT  TO  AN
ACTION UNDER THIS SUBDIVISION.
  (VIII)  A  CIVIL  ACTION  FILED UNDER THIS SUBDIVISION SHALL BE STAYED
DURING THE PENDENCY OF ANY CRIMINAL  ACTION  ARISING  OUT  OF  THE  SAME
OCCURRENCE IN WHICH THE CLAIMANT IS THE VICTIM. AS USED IN THIS SUBDIVI-
SION, A "CRIMINAL ACTION" INCLUDES INVESTIGATION AND PROSECUTION, AND IS
PENDING UNTIL A FINAL ADJUDICATION IN THE TRIAL COURT OR DISMISSAL.
  S 2. This act shall take effect immediately.