Senate Bill S5231A

2017-2018 Legislative Session

Establishes a time period in which an action to recover damages for injury arising from domestic violence must be brought

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Archive: Last Bill Status - In Senate Committee Judiciary 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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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2018	print number 5231a
May 24, 2018	amend and recommit to judiciary
Jan 03, 2018	referred to judiciary
Mar 16, 2017	referred to judiciary

Bill Amendments

Original

A (Active)

2017-S5231 - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §215, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4902
2019-2020: S2416

2017-S5231 - Summary

Establishes a time period in which an action to recover damages for injury arising from domestic violence must be brought.

2017-S5231 - Sponsor Memo

2017-S5231 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5231
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 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  estab-
   lishing a time period in which an action to recover damages for injury
   arising from domestic violence must be brought

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 215 of the civil practice law and rules is  amended
 by adding a new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  THE  OPENING PARAGRAPH OF THIS SECTION, AN ACTION
 THAT MAY BE BROUGHT TO RECOVER DAMAGES FOR INJURY ARISING FROM  DOMESTIC
 VIOLENCE,  AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL
 SERVICES LAW, SHALL BE COMMENCED  WITHIN  TWO  YEARS.  NOTHING  IN  THIS
 SUBDIVISION  SHALL  BE CONSTRUED TO MODIFY ANY TIME LIMITATION CONTAINED
 IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE OR SUBDIVISION EIGHT  OF
 THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04102-01-7

co-Sponsors

2017-S5231A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §215, CP L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4902
2019-2020: S2416

2017-S5231A (ACTIVE) - Summary

Establishes a time period in which an action to recover damages for injury arising from domestic violence must be brought.

2017-S5231A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5231A

SPONSOR: STAVISKY
 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to establishing a time period in which an action to recover
damages for injury arising from domestic violence must be brought

 
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. Section 215 of the civil practice law and rules is amended by
adding a new subdivision 9 relating to actions to recover damages for
injuries arising from acts of domestic violence.

The amendment to this bill defines domestic violence as an act that
would constitute a violent felony offense pursuant to section 70.02 of
the penal law or a family offense as pursuant to subdivision 1 of

section 812 of the family court act. Nothing in this subdivision shall
be construed to modify any time limitation contained in section two
hundred fourteen of this article or subdivision eight of this section.

 
JUSTIFICATION:

Currently, domestic violence incidents are treated the same way as
assault and civil suits must be initiated within one year after the
incident. This does not take into consideration the highly emotional and
extremely difficult factors involved in domestic violence situations.
Various personal reasons often force victims to delay for over a year to
make the very difficult decision to end the relationship. Unfortunately,
at that point, the victim would be barred from initiating a civil suit.
This bill would recognize the sensitive nature of domestic violence and
afford victims up to two years to file a civil suit.

 
PRIOR LEGISLATIVE HISTORY:

A similar bill was previously introduced.
A. 1516 - Zebrowski passed on 5/08/18.

 
FISCAL IMPLICATIONS FOR STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2017-S5231A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5231--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary  --  recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee

 AN ACT to amend the civil practice law and rules, in relation to  estab-
   lishing a time period in which an action to recover damages for injury
   arising from domestic violence must be brought
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 215 of the civil practice law and rules is  amended
 by adding a new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  THE  OPENING PARAGRAPH OF THIS SECTION, AN ACTION
 THAT MAY BE BROUGHT TO RECOVER DAMAGES FOR INJURY ARISING FROM  DOMESTIC
 VIOLENCE  SHALL  BE COMMENCED WITHIN TWO YEARS. FOR THE PURPOSES OF THIS
 SUBDIVISION, DOMESTIC VIOLENCE MEANS AN  ACT  THAT  WOULD  CONSTITUTE  A
 VIOLENT  FELONY  OFFENSE PURSUANT TO SECTION 70.02 OF THE PENAL LAW OR A
 FAMILY OFFENSE AS PURSUANT TO SUBDIVISION ONE OF SECTION  EIGHT  HUNDRED
 TWELVE OF THE FAMILY COURT ACT THAT IS ALLEGED TO HAVE BEEN COMMITTED BY
 A  MEMBER OF THE SAME FAMILY OR HOUSEHOLD, AS DEFINED IN SUBDIVISION ONE
 OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT  ACT.    NOTHING  IN
 THIS  SUBDIVISION  SHALL  BE  CONSTRUED  TO  MODIFY  ANY TIME LIMITATION
 CONTAINED IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE OR SUBDIVISION
 EIGHT OF THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04102-02-8

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Senate Bill S5231A

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2017-S5231 - Details

2017-S5231 - Summary

2017-S5231 - Sponsor Memo

2017-S5231 - Bill Text download pdf

co-Sponsors

2017-S5231A (ACTIVE) - Details

2017-S5231A (ACTIVE) - Summary

2017-S5231A (ACTIVE) - Sponsor Memo

2017-S5231A (ACTIVE) - Bill Text download pdf

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Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Actions

Bill Amendments

2017-S5231 - Details

2017-S5231 - Summary

2017-S5231 - Sponsor Memo

2017-S5231 - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2017-S5231A (ACTIVE) - Details

2017-S5231A (ACTIVE) - Summary

2017-S5231A (ACTIVE) - Sponsor Memo

2017-S5231A (ACTIVE) - Bill Text download pdf

Comments