Provides that certain actions for injury caused by domestic violence may be commenced within two years

BILL NUMBER:S291

Title of bill

An act to amend the civil practice law and rules, in relation to the time within which certain actions for injury caused by domestic violence may be commenced

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 of the bill amends civil practice law and rules to add a new section 215-a 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. Adds that no criminal charge be brought or criminal conviction be obtained as a condition of bringing a civil cause of action or receiving a civil judgment, No rules governing a criminal procedure are applicable to any such civil action.

Justification

Currently, domestic violence incidents are treated the same way as assault and civil suits which 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 over a year to make the very difficult decision to end the relationship, Unfortunately, under current law, the victim would be barred from initiating a civil suit. This bill would recognize the sensitive nature of domestic violence and afford victims an extra year.

Prior legislative history

Previously introduced.

Fiscal implications for state

None.

Effective date

This act shall take effect immediately.