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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
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

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

S5231 - Summary

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

S5231 - Sponsor Memo

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

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

S5231A (ACTIVE) - Summary

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

S5231A (ACTIVE) - Sponsor Memo

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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