Bill Text: NY A08139 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 8139 (Prior Session Legislation)

Introduced

Bill Title: Relates to civil remedies for stalking victims.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A08139 Detail]

Download: New_York-2013-A08139-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8139
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    August 30, 2013
                                      ___________
       Introduced by M. of A. CLARK, GABRYSZAK -- read once and referred to the
         Committee on Codes
       AN  ACT  to amend the civil practice law and rules, in relation to civil
         remedies for stalking victims
         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 213-d to read as follows:
    3    S  213-D. ACTION BY VICTIM OF CONDUCT CONSTITUTING A STALKING OFFENSE.
    4  NOTWITHSTANDING ANY OTHER LIMITATION SET FORTH IN THIS ARTICLE, A  CIVIL
    5  CLAIM  OR  CAUSE  OF  ACTION  TO RECOVER FROM A DEFENDANT AS HEREINAFTER
    6  DEFINED, FOR THE COMPENSATORY DAMAGES SUFFERED BY A PERSON AS  A  RESULT
    7  OF ACTS BY SUCH DEFENDANT OF STALKING IN THE FOURTH DEGREE AS DEFINED IN
    8  SECTION  120.45  OF  THE  PENAL  LAW, OR STALKING IN THE THIRD DEGREE AS
    9  DEFINED IN SECTION 120.50 OF THE PENAL LAW, OR STALKING  IN  THE  SECOND
   10  DEGREE AS DEFINED IN SECTION 120.55 OF THE PENAL LAW, OR STALKING IN THE
   11  FIRST  DEGREE  AS  DEFINED  IN  SECTION  120.60  OF THE PENAL LAW MAY BE
   12  BROUGHT WITHIN FIVE YEARS. IF COMPENSATORY DAMAGES ARE AWARDED, PUNITIVE
   13  DAMAGES MAY ALSO BE AWARDED. AS USED IN THIS SECTION, THE TERM  "DEFEND-
   14  ANT"  SHALL  MEAN  ONLY  A PERSON WHO COMMITS THE ACTS DESCRIBED IN THIS
   15  SECTION OR WHO, IN A CRIMINAL PROCEEDING, COULD BE CHARGED WITH CRIMINAL
   16  LIABILITY FOR THE COMMISSION OF SUCH ACTS PURSUANT TO SECTION  20.00  OF
   17  THE PENAL LAW AND SHALL NOT APPLY TO ANY RELATED CIVIL CLAIM OR CAUSE OF
   18  ACTION ARISING FROM SUCH ACTS; AND THE TERM "COMPENSATORY DAMAGES" SHALL
   19  INCLUDE  DAMAGES  FOR  ALL  THE  DEFENDANT'S ACTS PROHIBITED BY SECTIONS
   20  120.45, 120.50 AND 120.55 OF THE PENAL  LAW.  NOTHING  IN  THIS  SECTION
   21  SHALL  BE  CONSTRUED  TO  REQUIRE THAT A CRIMINAL CHARGE BE BROUGHT OR A
   22  CRIMINAL CONVICTION BE OBTAINED AS A CONDITION OF BRINGING A CIVIL CAUSE
   23  OF ACTION OR RECEIVING A CIVIL JUDGMENT PURSUANT TO THIS SECTION  OR  BE
   24  CONSTRUED TO REQUIRE THAT ANY OF THE RULES GOVERNING A CRIMINAL PROCEED-
   25  ING BE APPLICABLE TO ANY SUCH CIVIL ACTION.
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11667-02-3