assembly Bill A3186

2021-2022 Legislative Session

Relates to a civil cause of action for human trafficking

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 22, 2021 referred to social services

Co-Sponsors

A3186 (ACTIVE) - Details

See Senate Version of this Bill:
S672
Current Committee:
Assembly Social Services
Law Section:
Social Services Law
Laws Affected:
Amd §483-bb, Soc Serv L; amd §212, CPLR
Versions Introduced in 2019-2020 Legislative Session:
A9772, S7669

A3186 (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.

A3186 (ACTIVE) - Bill Text download pdf

 
                     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.