Assembly Actions -
Senate Actions - UPPERCASE
|Feb 11, 2020||
referred to social services
Assembly Bill A9772
2019-2020 Legislative Session
Archive: Last Bill Status - In Assembly Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2019-A9772 (ACTIVE) - Details
2019-A9772 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9772 I N A S S E M B L Y February 11, 2020 ___________ Introduced by M. of A. HEVESI -- read once and referred to the Committee on Social Services AN ACT to amend the social services law and the civil practice law and rules, 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 amended by chapter 189 of the laws of 2018, is amended to read as follows: (c) (I) An individual who is a victim of the conduct prohibited by section 230.33, 230.34, 230.34-a, 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, 230.34-a, 135.35 or 135.37 of the penal law to recover ACTUAL, COMPENSATORY AND PUNITIVE damages [and], INJUNCTIVE RELIEF, ANY COMBINA- TION OF THOSE OR ANY OTHER APPROPRIATE RELIEF, AS WELL AS reasonable attorney's fees. (II) AN ACTION BROUGHT PURSUANT TO THIS SUBDIVISION SHALL BE COMMENCED WITHIN FIFTEEN 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 FIFTEEN YEARS AFTER THE DATE THE VICTIM ATTAINS THE AGE OF MAJORITY. (III) 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 LIMITA- TIONS 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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