The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3186
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. HEVESI, ENGLEBRIGHT -- 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01605-01-1

 A. 3186                             2
 
   (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.  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.