Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 24, 2018 |
print number 5231a |
May 24, 2018 |
amend and recommit to judiciary |
Jan 03, 2018 |
referred to judiciary |
Mar 16, 2017 |
referred to judiciary |
Senate Bill S5231A
2017-2018 Legislative Session
Sponsored By
(D) 11th Senate District
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
Actions
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 - Sponsor Memo
BILL NUMBER: S5231 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to establishing a time period in which an action to recover damages for injury arising from domestic violence must be brought PURPOSE OF BILL : This bill would increase the statute of limitations for civil suits related to injury caused by domestic violence to two years. SUMMARY OF PROVISIONS : Section 1. Section 215 of the civil practice law and rules is amended by adding a new subdivision 9 relating to actions to recover damages for injuries arising from acts of domestic violence. An action to recover damages related to domestic violence shall be commenced within two years. JUSTIFICATION : Currently, domestic violence incidents are treated the same way as assault and civil suits must be initiated within one year after the incident. This does not take into consideration the highly emotional and extremely difficult factors involved in domestic violence situations. Various personal reasons often force victims to delay for
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
(D) 32nd Senate District
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) - Sponsor Memo
BILL NUMBER: S5231A SPONSOR: STAVISKY TITLE OF BILL: An act to amend the civil practice law and rules, in relation to establishing a time period in which an action to recover damages for injury arising from domestic violence must be brought PURPOSE OF BILL: This bill would increase the statute of limitations for civil suits related to injury caused by domestic violence to two years. SUMMARY OF PROVISIONS: Section 1. Section 215 of the civil practice law and rules is amended by adding a new subdivision 9 relating to actions to recover damages for injuries arising from acts of domestic violence. The amendment to this bill defines domestic violence as 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 1 of
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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