NY State Senate Bill 2017-S4690

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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to social services
Feb 24, 2017	referred to social services

2017-S4690 (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:: 2015-2016: S6992
2019-2020: S3032

2017-S4690 (ACTIVE) - Summary

Relates to a civil cause of action for human trafficking.

2017-S4690 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4690

 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,
oppression, fraud, or duress in committing the act of human
trafficking.

An action 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. Disability will toll the running of the statute
of limitations for this action. Disability includes being a minor,
lacking legal capacity to make decision, imprisonment, or other
incapacity or incompetence.

The perpetrator is estopped form asserting a defense of the statute 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. 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. Restitution
paid by the perpetrator to the victim shall be credited against a
judgment, award or settlement obtained pursuant to an action under
this subdivision.

Section 2 of the bill provides that the act shall take effect on the
same date and in the same manner as section 30 of chapter 368 of laws
of 2015, takes effect.

 EXISTING LAW :

Existing law provides only for the recovery of damages and reasonable
attorney's fees.

 JUSTIFICATION :

Human trafficking is a heinous crime that should be disincentivized in
every way possible. This will allow victims to recover greater damages
from their perpetrators and allow them to be made as close to whole as
possible.

 LEGISLATIVE HISTORY :

03/14/16 Referred to Social Services
 FISCAL IMPLICATIONS :

None

 LOCAL FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4690 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4690
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 24, 2017
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02248-01-7

 S. 4690                             2
 
 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.
   (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.
   § 2. This act shall take effect immediately.

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Senate Bill S4690

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services Committee

2017-S4690 (ACTIVE) - Details

2017-S4690 (ACTIVE) - Summary

2017-S4690 (ACTIVE) - Sponsor Memo

2017-S4690 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4690

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Sponsored By

James Sanders Jr.

Archive: Last Bill Status - In Senate Committee Social Services Committee

2017-S4690 (ACTIVE) - Details

2017-S4690 (ACTIVE) - Summary

2017-S4690 (ACTIVE) - Sponsor Memo

2017-S4690 (ACTIVE) - Bill Text download pdf

Comments