NY State Senate Bill 2019-S3032A

Archive: Last Bill Status - Stricken

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2020	recommit, enacting clause stricken
Jan 08, 2020	referred to social services returned to senate died in assembly
Jun 17, 2019	referred to codes delivered to assembly passed senate ordered to third reading cal.1422 committee discharged and committed to rules
Jun 07, 2019	print number 3032a
Jun 07, 2019	amend and recommit to social services
Feb 01, 2019	referred to social services

Votes

- Jun 17, 2019 - Floor Vote
  S3032A
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 17, 2019
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
  Jun 17, 2019 - Rules Committee Vote
  S3032A
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 17, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

Bill Amendments

Original

A (Active)

2019-S3032 - Details

See Assembly Version of this Bill:: A8451
Law Section:: Social Services Law
Laws Affected:: Amd §483-bb, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6992
2017-2018: S4690

2019-S3032 - Summary

Relates to a civil cause of action for human trafficking.

2019-S3032 - Sponsor Memo

                                
 
BILL NUMBER: S3032

SPONSOR: SANDERS
 
TITLE OF BILL:

An act to amend the social services law, in relation to a civil cause of
action for human trafficking

 
PURPOSE:

To amend the social services law, in relation to civil cause of action
for human trafficking.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the subdivision (c) of section 483-bb of
the social services law, as added by chapter 368 of the laws of 2015 to
provide as follows: an individual who is a victim of the conduct prohib-
ited by section 230.33, 230.34, 135.35 or 135.37 of the penal law may
bring civil action against the perpetrator or whoever knowingly advances
or profits from the act in violation of these sections to recover actu-

al, compensatory and punitive damages, injunctive relief, any combina-
tion of those or any other appropriate relief, as well as reasonable
attorney's fees. An individual may be awarded up to three times his or
her actual damages or ten thousand dollars ($10,000), whichever is
greater. In addition, punitive damages may also be awarded upon proof of
the perpetrator's malice, oppression, fraud, or duress in committing the
act of human trafficking.

An action shall be commenced within seven 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 ten years after the date the victim attains the age of
majority. Disability will toll the running of the statute of limitations
for this action. Disability includes being a minor, lacking legal capac-
ity to make decision, imprisonment, or other incapacity or incompetence.

The perpetrator is estopped form asserting a defense of the statute of
limitations when the expiration of the statute is due to conduct by such
perpetrator inducing the victim to delay the filing of the action, or
due to threats made by the perpetrator causing duress upon the victim.
Prevailing victim may also be awarded reasonable attorney's fees and
litigation costs including, but not limited to, expert witness fees and
expenses as part of the costs. Restitution paid by the perpetrator to
the victim shall be credited against a judgment, award or settlement
obtained pursuant to an action under this subdivision.

Section 2 of the bill provides that the act shall take effect on the
same date and in the same manner as section 30 of chapter 368 of laws of
2015, takes effect.

 
EXISTING LAW:

Existing law provides only for the recovery of damages and reasonable
attorney's fees.

 
JUSTIFICATION:


Human trafficking is a heinous crime that should be disincentivized in
every way possible. This will allow victims to recover greater damages
from their perpetrators and allow them to be made as close to whole as
possible.

 
LEGISLATIVE HISTORY:

03/14/16 Referred to Social Services

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3032 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3032
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services
 
 AN ACT to amend the social services law, 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 added 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) IN ADDITION TO THE REMEDIES SPECIFIED IN THIS SUBDIVISION, IN  AN
 ACTION  UNDER  THIS  SUBDIVISION,  SUCH  INDIVIDUAL MAY BE AWARDED UP TO
 THREE TIMES HIS OR HER ACTUAL DAMAGES OR TEN THOUSAND DOLLARS ($10,000),
 WHICHEVER IS GREATER. IN ADDITION, PUNITIVE DAMAGES MAY ALSO BE  AWARDED
 UPON  PROOF OF THE PERPETRATOR'S MALICE, OPPRESSION, FRAUD, OR DURESS IN
 COMMITTING THE ACT OF HUMAN TRAFFICKING.
   (III)  AN  ACTION  BROUGHT  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
 COMMENCED WITHIN SEVEN 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
 TEN YEARS AFTER THE DATE THE VICTIM ATTAINS THE AGE OF MAJORITY.
   (IV) 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09134-01-9

 S. 3032                             2
 
 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  LIMITATIONS
 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
 BRING A VICTIM'S ACTION WITHIN THE APPLICABLE LIMITATION PERIOD WILL NOT
 PREJUDICE THE VICTIM'S RIGHT TO DO SO AFTER HIS OR HER DISABILITY  CEAS-
 ES.
   (C)  THE PERPETRATOR IS ESTOPPED FROM ASSERTING A DEFENSE OF THE STAT-
 UTE OF LIMITATIONS WHEN THE EXPIRATION OF THE STATUTE IS DUE TO  CONDUCT
 BY  SUCH  PERPETRATOR  INDUCING  THE  VICTIM  TO DELAY THE FILING OF THE
 ACTION, OR DUE TO THREATS MADE BY THE PERPETRATOR  CAUSING  DURESS  UPON
 THE VICTIM.
   (D)  THE  SUSPENSION  OF THE STATUTE OF LIMITATIONS DUE TO DISABILITY,
 LACK OF KNOWLEDGE, OR ESTOPPEL APPLIES TO ALL OTHER RELATED CLAIMS ARIS-
 ING OUT OF THE TRAFFICKING SITUATION.
   (E) THE RUNNING OF THE STATUTE OF LIMITATIONS IS POSTPONED DURING  THE
 PENDENCY OF CRIMINAL PROCEEDINGS AGAINST THE VICTIM.
   (V)  THE  RUNNING  OF THE STATUTE OF LIMITATIONS MAY BE SUSPENDED IF A
 PERSON ENTITLED TO SUE COULD NOT HAVE REASONABLY DISCOVERED THE CAUSE OF
 ACTION DUE TO CIRCUMSTANCES RESULTING FROM  THE  TRAFFICKING  SITUATION,
 SUCH AS PSYCHOLOGICAL TRAUMA, CULTURAL AND LINGUISTIC ISOLATION, AND THE
 INABILITY TO ACCESS SERVICES.
   (VI)  A  PREVAILING  VICTIM  MAY ALSO BE AWARDED REASONABLE ATTORNEY'S
 FEES AND LITIGATION COSTS INCLUDING, BUT NOT LIMITED TO, EXPERT  WITNESS
 FEES AND EXPENSES AS PART OF THE COSTS.
   (VII) RESTITUTION PAID BY THE PERPETRATOR TO THE VICTIM SHALL BE CRED-
 ITED  AGAINST  A  JUDGMENT, AWARD, OR SETTLEMENT OBTAINED PURSUANT TO AN
 ACTION UNDER THIS SUBDIVISION.
   (VIII) A CIVIL ACTION FILED UNDER THIS  SUBDIVISION  SHALL  BE  STAYED
 DURING  THE  PENDENCY  OF  ANY  CRIMINAL  ACTION ARISING OUT OF THE SAME
 OCCURRENCE IN WHICH THE CLAIMANT IS THE VICTIM. AS USED IN THIS SUBDIVI-
 SION, A "CRIMINAL ACTION" INCLUDES INVESTIGATION AND PROSECUTION, AND IS
 PENDING UNTIL A FINAL ADJUDICATION IN THE TRIAL COURT OR DISMISSAL.
   § 2. This act shall take effect immediately.

co-Sponsors

2019-S3032A (ACTIVE) - Details

See Assembly Version of this Bill:: A8451
Law Section:: Social Services Law
Laws Affected:: Amd §483-bb, Soc Serv L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6992
2017-2018: S4690

2019-S3032A (ACTIVE) - Summary

Relates to a civil cause of action for human trafficking.

2019-S3032A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3032A

SPONSOR: SANDERS
 
TITLE OF BILL:  An act to amend the social services law, in relation
to a civil cause of action for human trafficking

 
PURPOSE:

To amend the social services law, in relation to civil cause of action
for human trafficking.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends the subdivision (c) of section 483-bb of
the social services law, as added by chapter 368 of the laws of 2015 to
provide as follows: an individual who is a victim of the conduct prohib-
ited by section 230.33, 230.34, 135.35 or 135.37 of the penal law may
bring civil action against the perpetrator or whoever knowingly advances
or profits from the act in violation of these sections to recover actu-
al, compensatory and punitive damages, injunctive relief, any combina-
tion of those or any other appropriate relief, as well as reasonable

attorney's fees.

An action shall be commenced within seven 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 ten years after the date the victim attains the age of
majority. Disability will toll the running of the statute of limitations
for this action. Disability includes being a minor, lacking legal capac-
ity to make decision, imprisonment, or other incapacity or incompetence.

The perpetrator is estopped form asserting a defense of the statute of
limitations when the expiration of the statute is due to conduct by such
perpetrator inducing the victim to delay the filing of the action, or
due to threats made by the perpetrator causing duress upon the victim.
Prevailing victim may also be awarded reasonable attorney's fees and
litigation costs including, but not limited to, expert witness fees and
expenses as part of the costs. Restitution paid by the perpetrator to
the victim shall be credited against a judgment, award or settlement
obtained pursuant to an action under this subdivision.

Section 2 of the bill provides that the act shall take effect on the
same date and in the same manner as section 30 of chapter 368 of laws of
2015, takes effect.

 
EXISTING LAW:

Existing law provides only for the recovery of damages and reasonable
attorney's fees.

 
JUSTIFICATION:

Human trafficking is a heinous crime that should be disincentivized in
every way possible. This will allow victims to recover greater damages
from their perpetrators and allow them to be made as close to whole as
possible.

 
LEGISLATIVE HISTORY:

2016:    S.6992 Referred to Social Services

2017-18: S.4690 Referred to Social Services

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3032A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3032--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Social Services -- commit-
   tee discharged, bill amended, ordered reprinted as amended and  recom-
   mitted to said committee
 
 AN ACT to amend the social services law, 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 SEVEN 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  TEN  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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09134-02-9

 S. 3032--A                          2
 
   (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
 BRING A VICTIM'S ACTION WITHIN THE APPLICABLE LIMITATION PERIOD WILL NOT
 PREJUDICE  THE VICTIM'S RIGHT TO DO SO AFTER HIS OR HER DISABILITY CEAS-
 ES.
   (C) THE PERPETRATOR IS ESTOPPED FROM ASSERTING A DEFENSE OF THE  STAT-
 UTE  OF LIMITATIONS WHEN THE EXPIRATION OF THE STATUTE IS DUE TO CONDUCT
 BY SUCH PERPETRATOR INDUCING THE VICTIM  TO  DELAY  THE  FILING  OF  THE
 ACTION,  OR  DUE  TO THREATS MADE BY THE PERPETRATOR CAUSING DURESS UPON
 THE VICTIM.
   (D) THE SUSPENSION OF THE STATUTE OF LIMITATIONS  DUE  TO  DISABILITY,
 LACK OF KNOWLEDGE, OR ESTOPPEL APPLIES TO ALL OTHER RELATED CLAIMS ARIS-
 ING OUT OF THE TRAFFICKING SITUATION.
   (E)  THE RUNNING OF THE STATUTE OF LIMITATIONS IS POSTPONED DURING THE
 PENDENCY OF CRIMINAL PROCEEDINGS AGAINST THE VICTIM.
   (IV) THE RUNNING OF THE STATUTE OF LIMITATIONS MAY BE SUSPENDED  IF  A
 PERSON ENTITLED TO SUE COULD NOT HAVE REASONABLY DISCOVERED THE CAUSE OF
 ACTION  DUE  TO  CIRCUMSTANCES RESULTING FROM THE TRAFFICKING SITUATION,
 SUCH AS PSYCHOLOGICAL TRAUMA, CULTURAL AND LINGUISTIC ISOLATION, AND THE
 INABILITY TO ACCESS SERVICES.
   (V) A PREVAILING VICTIM MAY ALSO BE AWARDED REASONABLE ATTORNEY'S FEES
 AND LITIGATION COSTS INCLUDING, BUT NOT LIMITED TO, EXPERT WITNESS  FEES
 AND EXPENSES AS PART OF THE COSTS.
   (VI)  RESTITUTION PAID BY THE PERPETRATOR TO THE VICTIM SHALL BE CRED-
 ITED AGAINST A JUDGMENT, AWARD, OR SETTLEMENT OBTAINED  PURSUANT  TO  AN
 ACTION UNDER THIS SUBDIVISION.
   (VII)  A  CIVIL  ACTION  FILED  UNDER THIS SUBDIVISION SHALL BE STAYED
 DURING THE PENDENCY OF ANY CRIMINAL  ACTION  ARISING  OUT  OF  THE  SAME
 OCCURRENCE IN WHICH THE CLAIMANT IS THE VICTIM. AS USED IN THIS SUBDIVI-
 SION, A "CRIMINAL ACTION" INCLUDES INVESTIGATION AND PROSECUTION, AND IS
 PENDING UNTIL A FINAL ADJUDICATION IN THE TRIAL COURT OR DISMISSAL.
   § 2. This act shall take effect immediately.

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Senate Bill S3032A

Sponsored By

Archive: Last Bill Status - Stricken

Jun 17, 2019 - Floor Vote

Floor Vote: Jun 17, 2019

Jun 17, 2019 - Rules Committee Vote

Rules Committee Vote: Jun 17, 2019

Bill Amendments

2019-S3032 - Details

2019-S3032 - Summary

2019-S3032 - Sponsor Memo

2019-S3032 - Bill Text download pdf

co-Sponsors

2019-S3032A (ACTIVE) - Details

2019-S3032A (ACTIVE) - Summary

2019-S3032A (ACTIVE) - Sponsor Memo

2019-S3032A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3032A

Share this bill

Sponsored By

James Sanders Jr.

Archive: Last Bill Status - Stricken

Bill Amendments

2019-S3032 - Details

2019-S3032 - Summary

2019-S3032 - Sponsor Memo

2019-S3032 - Bill Text download pdf

co-Sponsors

Alessandra Biaggi

Anna M. Kaplan

Liz Krueger

John C. Liu

2019-S3032A (ACTIVE) - Details

2019-S3032A (ACTIVE) - Summary

2019-S3032A (ACTIVE) - Sponsor Memo

2019-S3032A (ACTIVE) - Bill Text download pdf

Comments