Senate Bill S7669

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7669
 
                             I N  S E N A T E
 
                             February 5, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Children and Families
 
 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
              

                       [ ] is old law to be omitted.
                                                            LBD15187-01-0

 S. 7669                             2
 
 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. The section heading and subdivision (e) of  section  212  of  the
 civil practice law and rules, subdivision (e) as added by chapter 368 of
 the laws of 2015, are amended to read as follows:
   Actions to be commenced within ten OR FIFTEEN years.
   (e)  By a victim of sex trafficking, compelling prostitution, or labor
 trafficking. An action by a victim of sex trafficking, compelling  pros-
 titution,  labor  trafficking  or  aggravated labor trafficking, brought
 pursuant to subdivision (c) of section four hundred  eighty-three-bb  of
 the  social  services  law,  may be commenced within [ten] FIFTEEN years
 after such victimization  occurs  provided,  however,  that  such  [ten]
 FIFTEEN  year  period  shall not begin to run and shall be tolled during
 any period in which the victim is or remains subject to such conduct.
   § 3. This act shall take effect immediately.