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