Bill Text: NY S06992 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Relates to a civil cause of action for human trafficking.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-03-14 - REFERRED TO SOCIAL SERVICES [S06992 Detail]

Download: New_York-2015-S06992-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          6992
                    IN SENATE
                                     March 14, 2016
                                       ___________
        Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Social Services
        AN ACT to amend the social services law, in relation to a civil cause of
          action for human trafficking
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  (c) of section 483-bb of the social services
     2  law, as added by chapter 368 of the laws of 2015, is amended to read  as
     3  follows:
     4    (c)  (i)  An  individual  who is a victim of the conduct prohibited by
     5  section 230.33, 230.34, 135.35 or 135.37 of the penal law  may  bring  a
     6  civil  action  against  the perpetrator or whoever knowingly advances or
     7  profits from, or whoever should have known he or she  was  advancing  or
     8  profiting from, an act in violation of section 230.33, 230.34, 135.35 or
     9  135.37  of  the  penal  law to recover actual, compensatory and punitive
    10  damages [and], injunctive relief, any combination of those or any  other
    11  appropriate relief, as well as reasonable attorney's fees.
    12    (ii)  In addition to the remedies specified in this subdivision, in an
    13  action under this subdivision, such individual  may  be  awarded  up  to
    14  three times his or her actual damages or ten thousand dollars ($10,000),
    15  whichever  is greater. In addition, punitive damages may also be awarded
    16  upon proof of the perpetrator's malice, oppression, fraud, or duress  in
    17  committing the act of human trafficking.
    18    (iii)  An  action  brought  pursuant  to  this  subdivision  shall  be
    19  commenced within seven years of the date on which the trafficking victim
    20  was freed from the trafficking situation or, if the victim was  a  minor
    21  when  the  act  of human trafficking against the victim occurred, within
    22  ten years after the date the victim attains the age of majority.
    23    (iv) If a person entitled to sue is under a disability at the time the
    24  cause of action accrues so that it is impossible  or  impracticable  for
    25  him  or  her  to bring an action under this subdivision, the time of the
    26  disability is not part of the time limited for the commencement  of  the
    27  action.  Disability  will toll the running of the statute of limitations
    28  for this action.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13532-02-6