Provides that certain actions for injury caused by domestic violence may be commenced within two years.

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S291-2013 Actions

• Jan 9, 2013: REFERRED TO JUDICIARY

S291-2013 Memo

BILL NUMBER:S291

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to the time
within which certain actions for injury caused by domestic violence may
be commenced

PURPOSE OF BILL:
This bill would increase the statute of limitations 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 to add a new
section 215-a relating 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.
Adds that no criminal charge be brought or criminal conviction be
obtained as a condition of bringing a civil cause of action or
receiving a civil judgment, No rules governing a criminal procedure
are applicable to any such civil action.

JUSTIFICATION:
Currently, domestic violence incidents are treated the same way as
assault and civil suits which 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, under current law, 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:
Previously introduced.

FISCAL IMPLICATIONS FOR STATE:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S291-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     291

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
    printed to be committed to the Committee on Judiciary

  AN ACT to amend the civil practice law and rules,  in  relation  to  the
    time  within  which  certain  actions  for  injury  caused by domestic
    violence may be commenced

    THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The civil practice law and rules is amended by adding a new
  section 215-a to read as follows:

    S  215-A.  ACTIONS  TO RECOVER DAMAGES FOR INJURY ARISING FROM ACTS OF
  DOMESTIC VIOLENCE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
  AN ACTION TO RECOVER DAMAGES FOR INJURY ARISING FROM AN ACT OF  DOMESTIC
  VIOLENCE,  INCLUDING  DISORDERLY CONDUCT, HARASSMENT, MENACING, RECKLESS
  ENDANGERMENT,  KIDNAPPING,  ASSAULT,  ATTEMPTED  ASSAULT,  OR  ATTEMPTED
  MURDER,  COMMITTED  AGAINST  ANY  PERSON  OVER  THE  AGE OF SIXTEEN, ANY
  MARRIED PERSON OR ANY PARENT ACCOMPANIED BY HIS OR HER  MINOR  CHILD  OR
  CHILDREN  IN SITUATIONS IN WHICH SUCH PERSON OR SUCH PERSON'S CHILD IS A
  VICTIM OF SUCH ACTS, SHALL BE COMMENCED WITHIN TWO YEARS.    NOTHING  IN
  THIS  SECTION  SHALL  BE  CONSTRUED TO REQUIRE THAT A CRIMINAL CHARGE BE
  BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED AS A CONDITION OF  BRINGING
  A  CIVIL  CAUSE OF ACTION OR RECEIVING A CIVIL JUDGMENT PURSUANT TO THIS
  SECTION OR BE CONSTRUED TO REQUIRE THAT ANY OF  THE  RULES  GOVERNING  A
  CRIMINAL PROCEEDING BE APPLICABLE TO ANY SUCH CIVIL ACTION.
    S 2. This act shall take effect immediately.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD00457-01-3