Assembly Bill A9772

2019-2020 Legislative Session

Relates to a civil cause of action for human trafficking

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2019-A9772 (ACTIVE) - Details

See Senate Version of this Bill:
S7669
Current Committee:
Assembly Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §483-bb, Soc Serv L; amd §212, CPLR
Versions Introduced in 2021-2022 Legislative Session:
A3186, S672

2019-A9772 (ACTIVE) - Summary

Relates to a civil cause of action for human trafficking; allows for actions relating to human trafficking to be commenced within fifteen years after the victimization has occurred.

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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