Bill Text: NY S04690 | 2017-2018 | General Assembly | Introduced

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Bill Title: Relates to a civil cause of action for human trafficking.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO SOCIAL SERVICES [S04690 Detail]

Download: New_York-2017-S04690-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          4690
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 24, 2017
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Social Services
        AN ACT to amend the social services law, 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 added by chapter 368 of the laws of 2015, is amended to read  as
     3  follows:
     4    (c)  (i)  An  individual  who is a victim of the conduct prohibited by
     5  section 230.33, 230.34, 135.35 or 135.37 of the penal law  may  bring  a
     6  civil  action  against  the perpetrator or whoever knowingly advances or
     7  profits from, or whoever should have known he or she  was  advancing  or
     8  profiting from, an act in violation of section 230.33, 230.34, 135.35 or
     9  135.37  of  the  penal  law to recover actual, compensatory and punitive
    10  damages [and], injunctive relief, any combination of those or any  other
    11  appropriate relief, as well as reasonable attorney's fees.
    12    (ii)  In addition to the remedies specified in this subdivision, in an
    13  action under this subdivision, such individual  may  be  awarded  up  to
    14  three times his or her actual damages or ten thousand dollars ($10,000),
    15  whichever  is greater. In addition, punitive damages may also be awarded
    16  upon proof of the perpetrator's malice, oppression, fraud, or duress  in
    17  committing the act of human trafficking.
    18    (iii)  An  action  brought  pursuant  to  this  subdivision  shall  be
    19  commenced within seven years of the date on which the trafficking victim
    20  was freed from the trafficking situation or, if the victim was  a  minor
    21  when  the  act  of human trafficking against the victim occurred, within
    22  ten years after the date the victim attains the age of majority.
    23    (iv) If a person entitled to sue is under a disability at the time the
    24  cause of action accrues so that it is impossible  or  impracticable  for
    25  him  or  her  to bring an action under this subdivision, the time of the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02248-01-7
        S. 4690                             2
     1  disability is not part of the time limited for the commencement  of  the
     2  action.  Disability  will toll the running of the statute of limitations
     3  for this action.
     4    (A)  Disability includes being a minor, lacking legal capacity to make
     5  decisions, imprisonment, or other incapacity or incompetence.
     6    (B) The statute of limitations shall not run against a victim who is a
     7  minor or who lacks the legal competence to make decisions simply because
     8  a guardian ad litem has been appointed. A guardian ad litem's failure to
     9  bring a victim's action within the applicable limitation period will not
    10  prejudice the victim's right to do so after his or her disability  ceas-
    11  es.
    12    (C)  The perpetrator is estopped from asserting a defense of the stat-
    13  ute of limitations when the expiration of the statute is due to  conduct
    14  by  such  perpetrator  inducing  the  victim  to delay the filing of the
    15  action, or due to threats made by the perpetrator  causing  duress  upon
    16  the victim.
    17    (D)  The  suspension  of the statute of limitations due to disability,
    18  lack of knowledge, or estoppel applies to all other related claims aris-
    19  ing out of the trafficking situation.
    20    (E) The running of the statute of limitations is postponed during  the
    21  pendency of criminal proceedings against the victim.
    22    (v)  The  running  of the statute of limitations may be suspended if a
    23  person entitled to sue could not have reasonably discovered the cause of
    24  action due to circumstances resulting from  the  trafficking  situation,
    25  such as psychological trauma, cultural and linguistic isolation, and the
    26  inability to access services.
    27    (vi)  A  prevailing  victim  may also be awarded reasonable attorney's
    28  fees and litigation costs including, but not limited to, expert  witness
    29  fees and expenses as part of the costs.
    30    (vii) Restitution paid by the perpetrator to the victim shall be cred-
    31  ited  against  a  judgment, award, or settlement obtained pursuant to an
    32  action under this subdivision.
    33    (viii) A civil action filed under this  subdivision  shall  be  stayed
    34  during  the  pendency  of  any  criminal  action arising out of the same
    35  occurrence in which the claimant is the victim. As used in this subdivi-
    36  sion, a "criminal action" includes investigation and prosecution, and is
    37  pending until a final adjudication in the trial court or dismissal.
    38    § 2. This act shall take effect immediately.