BILL NUMBER: S2416

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to estab-
lishing a time period in which an action to recover damages for injury
arising from domestic violence must be brought

 
PURPOSE OF THE BILL:

This bill would increase the statute of limitation for civil suits
related to injury caused by domestic violence to two years.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends civil practice law and rules is amended by
adding a new section 215-a relates to actions to recover damages for
injuries arising from acts of domestic violence. An action to recover
damages related to domestic violence shall be commenced within two
years.
              

Section two of the bill relates to the effective date.

 
JUSTIFICATION:

Currently, domestic violence incidents are treated the same way as an
assault and civil suits must be initiated within one year after the
incident. This does not take into consideration the highly emotional-and
extremely difficult factors involved in domestic violence situations.
Various personal reasons often force victims to delay for over a year to
make the very difficult decision to end the relationship. Unfortunately
at that point the victim would be barred from initiating a civil suit.
This bill would recognize the sensitive nature of domestic violence and
afford victims an extra year.

 
PRIOR LEGISLATIVE HISTORY:

A. 1945 of 2017-2018; Passed Assembly
A.1516 of 2017-18,
A.7037 of 2015-15,
A.1302 of 2013-2014,
A.2090 of 2011-12,
A.8621 of 2009-10.

 
FISCAL IMPLICATIONS FOR STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.