S840-2011 Actions

• Mar 12, 2012: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Mar 9, 2012: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
• Jan 4, 2012: REFERRED TO JUDICIARY
• Mar 8, 2011: COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY
• Jan 5, 2011: REFERRED TO CODES

S840-2011 Memo

BILL NUMBER:S840

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.

S840-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          840
 2011-2012 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 5, 2011
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
 printed to be committed to the Committee on Codes
 

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.
 LBD00824-01-1

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