Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 14, 2016 |
referred to social services |
Senate Bill S6992
2015-2016 Legislative Session
Sponsored By
(D) 10th Senate District
Archive: Last Bill Status - In Senate Committee Social Services 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
Actions
2015-S6992 (ACTIVE) - Details
- Current Committee:
- Senate Social Services
- Law Section:
- Social Services Law
- Laws Affected:
- Amd §483-bb, Soc Serv L
- Versions Introduced in Other Legislative Sessions:
-
2017-2018:
S4690
2019-2020: S3032
2015-S6992 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6992 TITLE OF BILL : An act to amend the social services law, in relation to a civil cause of action for human trafficking PURPOSE : To amend the social services law, in relation to civil cause of action for human trafficking. SUMMARY OF PROVISIONS : Section 1 of the bill amends the subdivision (c) of section 483-bb of the social services law, as added by chapter 368 of the laws of 2015 to provide as follows: 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 civil action against the perpetrator or whoever knowingly advances or profits from the act in violation of these sections to recover actual, compensatory and punitive damages, injunctive relief, any combination of those or any other appropriate relief, as well as reasonable attorney's fees. An 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,
2015-S6992 (ACTIVE) - Bill Text download pdf
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.
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