Bill Text: NY A01302 | 2013-2014 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2014-01-08 - referred to judiciary [A01302 Detail]

Download: New_York-2013-A01302-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1302
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M.  of  A. ZEBROWSKI, ABBATE, GABRYSZAK, HOOPER, CAHILL,
         GALEF, COLTON, GUNTHER, TITONE, MILLMAN -- Multi-Sponsored by -- M. of
         A. GOTTFRIED, MARKEY, ROBINSON, RUSSELL, WEISENBERG -- read  once  and
         referred 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:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 215-a to read as follows:
    3    S 215-A. ACTIONS TO RECOVER DAMAGES FOR INJURY ARISING  FROM  ACTS  OF
    4  DOMESTIC VIOLENCE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
    5  AN  ACTION TO RECOVER DAMAGES FOR INJURY ARISING FROM AN ACT OF DOMESTIC
    6  VIOLENCE, INCLUDING DISORDERLY CONDUCT, HARASSMENT,  MENACING,  RECKLESS
    7  ENDANGERMENT,  KIDNAPPING,  ASSAULT,  ATTEMPTED  ASSAULT,  OR  ATTEMPTED
    8  MURDER, COMMITTED AGAINST ANY  PERSON  OVER  THE  AGE  OF  SIXTEEN,  ANY
    9  MARRIED  PERSON  OR  ANY PARENT ACCOMPANIED BY HIS OR HER MINOR CHILD OR
   10  CHILDREN IN SITUATIONS IN WHICH SUCH PERSON OR SUCH PERSON'S CHILD IS  A
   11  VICTIM  OF  SUCH  ACTS, SHALL BE COMMENCED WITHIN TWO YEARS.  NOTHING IN
   12  THIS SECTION SHALL BE CONSTRUED TO REQUIRE THAT  A  CRIMINAL  CHARGE  BE
   13  BROUGHT  OR A CRIMINAL CONVICTION BE OBTAINED AS A CONDITION OF BRINGING
   14  A CIVIL CAUSE OF ACTION OR RECEIVING A CIVIL JUDGMENT PURSUANT  TO  THIS
   15  SECTION  OR  BE  CONSTRUED  TO REQUIRE THAT ANY OF THE RULES GOVERNING A
   16  CRIMINAL PROCEEDING BE APPLICABLE TO ANY SUCH CIVIL ACTION.
   17    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