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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 11, 2020 referred to social services

Co-Sponsors

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

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.

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