Bill Text: NY A09772 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2020-02-11 - referred to social services [A09772 Detail]

Download: New_York-2019-A09772-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9772

                   IN ASSEMBLY

                                    February 11, 2020
                                       ___________

        Introduced by M. of A. HEVESI -- 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:

     1    Section  1.  Subdivision  (c) of section 483-bb of the social services
     2  law, as amended by chapter 189 of the laws of 2018, is amended  to  read
     3  as follows:
     4    (c)  (i)  An  individual  who is a victim of the conduct prohibited by
     5  section 230.33, 230.34, 230.34-a, 135.35 or 135.37 of the penal law  may
     6  bring  a  civil  action  against  the  perpetrator  or whoever knowingly
     7  advances or profits from, or whoever should have known  he  or  she  was
     8  advancing  or  profiting  from,  an  act in violation of section 230.33,
     9  230.34, 230.34-a, 135.35 or 135.37 of the penal law to  recover  actual,
    10  compensatory and punitive damages [and], injunctive relief, any combina-
    11  tion  of  those  or  any other appropriate relief, as well as reasonable
    12  attorney's fees.
    13    (ii) An action brought pursuant to this subdivision shall be commenced
    14  within fifteen years of the date on which  the  trafficking  victim  was
    15  freed  from the trafficking situation or, if the victim was a minor when
    16  the act of human trafficking against the victim occurred, within fifteen
    17  years after the date the victim attains the age of majority.
    18    (iii) If a person entitled to sue is under a disability  at  the  time
    19  the  cause  of  action accrues so that it is impossible or impracticable
    20  for him or her to bring an action under this subdivision,  the  time  of
    21  the  disability  is not part of the time limited for the commencement of
    22  the action. Disability will toll the running of the statute  of  limita-
    23  tions for this action.
    24    (A)  Disability includes being a minor, lacking legal capacity to make
    25  decisions, imprisonment, or other incapacity or incompetence.
    26    (B) The statute of limitations shall not run against a victim who is a
    27  minor or who lacks the legal competence to make decisions simply because
    28  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
        A. 9772                             2

     1  bring a victim's action within the applicable limitation period will not
     2  prejudice the victim's right to do so after his or her disability  ceas-
     3  es.
     4    (C)  The perpetrator is estopped from asserting a defense of the stat-
     5  ute of limitations when the expiration of the statute is due to  conduct
     6  by  such  perpetrator  inducing  the  victim  to delay the filing of the
     7  action, or due to threats made by the perpetrator  causing  duress  upon
     8  the victim.
     9    (D)  The  suspension  of the statute of limitations due to disability,
    10  lack of knowledge, or estoppel applies to all other related claims aris-
    11  ing out of the trafficking situation.
    12    (E) The running of the statute of limitations is postponed during  the
    13  pendency of criminal proceedings against the victim.
    14    (iv)  The  running of the statute of limitations may be suspended if a
    15  person entitled to sue could not have reasonably discovered the cause of
    16  action due to circumstances resulting from  the  trafficking  situation,
    17  such as psychological trauma, cultural and linguistic isolation, and the
    18  inability to access services.
    19    (v) A prevailing victim may also be awarded reasonable attorney's fees
    20  and  litigation costs including, but not limited to, expert witness fees
    21  and expenses as part of the costs.
    22    (vi) Restitution paid by the perpetrator to the victim shall be  cred-
    23  ited  against  a  judgment, award, or settlement obtained pursuant to an
    24  action under this subdivision.
    25    (vii) A civil action filed under  this  subdivision  shall  be  stayed
    26  during  the  pendency  of  any  criminal  action arising out of the same
    27  occurrence in which the claimant is the victim. As used in this subdivi-
    28  sion, a "criminal action" includes investigation and prosecution, and is
    29  pending until a final adjudication in the trial court or dismissal.
    30    § 2. The section heading and subdivision (e) of  section  212  of  the
    31  civil practice law and rules, subdivision (e) as added by chapter 368 of
    32  the laws of 2015, are amended to read as follows:
    33    Actions to be commenced within ten or fifteen years.
    34    (e)  By a victim of sex trafficking, compelling prostitution, or labor
    35  trafficking. An action by a victim of sex trafficking, compelling  pros-
    36  titution,  labor  trafficking  or  aggravated labor trafficking, brought
    37  pursuant to subdivision (c) of section four hundred  eighty-three-bb  of
    38  the  social  services  law,  may be commenced within [ten] fifteen years
    39  after such victimization  occurs  provided,  however,  that  such  [ten]
    40  fifteen  year  period  shall not begin to run and shall be tolled during
    41  any period in which the victim is or remains subject to such conduct.
    42    § 3. This act shall take effect immediately.