senate Bill S7669

2019-2020 Legislative Session

Relates to a civil cause of action for human trafficking

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Social Services 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 05, 2020 committee discharged and committed to social services
Feb 05, 2020 referred to children and families

S7669 (ACTIVE) - Details

See Assembly Version of this Bill:
A9772
Current Committee:
Senate 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:
S672, A3186

S7669 (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.

S7669 (ACTIVE) - Sponsor Memo

S7669 (ACTIVE) - Bill Text download pdf


                    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

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