Senate Bill S5231A

2017-2018 Legislative Session

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

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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-S5231 - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §215, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4902
2019-2020: S2416

2017-S5231 - Summary

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

2017-S5231 - Sponsor Memo

2017-S5231 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5231
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 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:
 
   Section 1. Section 215 of the civil practice law and rules is  amended
 by adding a new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  THE  OPENING PARAGRAPH OF THIS SECTION, AN ACTION
 THAT MAY BE BROUGHT TO RECOVER DAMAGES FOR INJURY ARISING FROM  DOMESTIC
 VIOLENCE,  AS DEFINED IN SECTION FOUR HUNDRED FIFTY-NINE-A OF THE SOCIAL
 SERVICES LAW, SHALL BE COMMENCED  WITHIN  TWO  YEARS.  NOTHING  IN  THIS
 SUBDIVISION  SHALL  BE CONSTRUED TO MODIFY ANY TIME LIMITATION CONTAINED
 IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE OR SUBDIVISION EIGHT  OF
 THIS SECTION.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04102-01-7



              

co-Sponsors

2017-S5231A (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §215, CP L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4902
2019-2020: S2416

2017-S5231A (ACTIVE) - Summary

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

2017-S5231A (ACTIVE) - Sponsor Memo

2017-S5231A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5231--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. Section 215 of the civil practice law and rules is  amended
 by adding a new subdivision 9 to read as follows:
   9.  NOTWITHSTANDING  THE  OPENING PARAGRAPH OF THIS SECTION, AN ACTION
 THAT MAY BE BROUGHT TO RECOVER DAMAGES FOR INJURY ARISING FROM  DOMESTIC
 VIOLENCE  SHALL  BE COMMENCED WITHIN TWO YEARS. FOR THE PURPOSES OF THIS
 SUBDIVISION, DOMESTIC VIOLENCE MEANS AN  ACT  THAT  WOULD  CONSTITUTE  A
 VIOLENT  FELONY  OFFENSE PURSUANT TO SECTION 70.02 OF THE PENAL LAW OR A
 FAMILY OFFENSE AS PURSUANT TO SUBDIVISION ONE OF SECTION  EIGHT  HUNDRED
 TWELVE OF THE FAMILY COURT ACT THAT IS ALLEGED TO HAVE BEEN COMMITTED BY
 A  MEMBER OF THE SAME FAMILY OR HOUSEHOLD, AS DEFINED IN SUBDIVISION ONE
 OF SECTION EIGHT HUNDRED TWELVE OF THE FAMILY COURT  ACT.    NOTHING  IN
 THIS  SUBDIVISION  SHALL  BE  CONSTRUED  TO  MODIFY  ANY TIME LIMITATION
 CONTAINED IN SECTION TWO HUNDRED FOURTEEN OF THIS ARTICLE OR SUBDIVISION
 EIGHT OF THIS SECTION.
   § 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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