Bill S5681A-2009

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

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

Details

Actions

  • May 6, 2010: PRINT NUMBER 5681A
  • May 6, 2010: AMEND AND RECOMMIT TO CODES
  • Jan 6, 2010: REFERRED TO CODES
  • May 27, 2009: REFERRED TO CODES

Memo

 BILL NUMBER:  S5681A

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. Senate 5681-A 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 : Amended bill.

FISCAL IMPLICATIONS FOR STATE : None.

EFFECTIVE DATE : This act shall take effect immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 5681--A 2009-2010 Regular Sessions IN SENATE May 27, 2009 ___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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.

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