Bill Text: NY S05231 | 2017-2018 | General Assembly | Amended


Bill Title: Establishes a time period in which an action to recover damages for injury arising from domestic violence must be brought.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-05-24 - PRINT NUMBER 5231A [S05231 Detail]

Download: New_York-2017-S05231-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         5231--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 16, 2017
                                       ___________
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary  --  recommitted
          to the Committee on Judiciary 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  estab-
          lishing a time period in which an action to recover damages for injury
          arising from domestic violence must be brought
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 215 of the civil practice law and rules is  amended
     2  by adding a new subdivision 9 to read as follows:
     3    9.  Notwithstanding  the  opening paragraph of this section, an action
     4  that may be brought to recover damages for injury arising from  domestic
     5  violence  shall  be commenced within two years. For the purposes of this
     6  subdivision, domestic violence means an  act  that  would  constitute  a
     7  violent  felony  offense pursuant to section 70.02 of the penal law or a
     8  family offense as pursuant to subdivision one of section  eight  hundred
     9  twelve of the family court act that is alleged to have been committed by
    10  a  member of the same family or household, as defined in subdivision one
    11  of section eight hundred twelve of the family court  act.    Nothing  in
    12  this  subdivision  shall  be  construed  to  modify  any time limitation
    13  contained in section two hundred fourteen of this article or subdivision
    14  eight of this section.
    15    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04102-02-8
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