What's happening
This bill expands civil legal remedies and extends the statute of limitations for victims of human trafficking in New York.
Why it matters
Expands the types of damages and relief available to trafficking victims. , allowing them to seek not only actual and compensatory damages, but also punitive damages, injunctive relief, and other forms of appropriate remedies, making civil lawsuits against traffickers more meaningful and potentially deterring future abuse.
Extends the statute of limitations to 15 years. from when the victim is freed or, if the victim was a minor, from when they reach adulthood, giving survivors significantly more time to seek justice—an important change since victims often need years to process trauma or escape coercive environments before feeling able to come forward.
Broadens protections for victims with disabilities or special circumstances. , ensuring the statute of limitations is paused (tolled) for minors, those lacking legal capacity, incarcerated individuals, or anyone unable to act due to trauma, threats, or isolation. This recognizes the unique ways trafficking can prevent victims from taking legal action.
Requires that civil cases are paused (stayed) during any related criminal proceedings. and ensures that restitution paid in a criminal case is credited in civil judgments, reducing the risk of conflicting outcomes and making it easier for victims to pursue both criminal and civil remedies without legal disadvantage.
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Who cares
Headline styles
Let Trafficking Victims Sue
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to social services
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Let Trafficking Victims Sue
In Senate Committee · Social Services · Sponsor James Sanders Jr.
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9772
IN ASSEMBLY
February 11, 2020
Introduced by M. of A. HEVESI -- read once and referred to the Committee on Social Services
AN ACT to amend the social services law and the civil practice law and rules, in relation to a civil cause of action for human trafficking
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (c) of section 483-bb of the social services law, as amended by chapter 189 of the laws of 2018, is amended to read as follows:
(c) (i) An individual who is a victim of the conduct prohibited by section 230.33, 230.34, 230.34-a, 135.35 or 135.37 of the penal law may bring a civil action against the perpetrator or whoever knowingly advances or profits from, or whoever should have known he or she was advancing or profiting from, an act in violation of section 230.33, 230.34, 230.34-a, 135.35 or 135.37 of the penal law to recover actual, compensatory and punitive damages [and], injunctive relief, any combination of those or any other appropriate relief, as well as reasonable attorney's fees.
(ii) An action brought pursuant to this subdivision shall be commenced within fifteen years of the date on which the trafficking victim was freed from the trafficking situation or, if the victim was a minor when the act of human trafficking against the victim occurred, within fifteen years after the date the victim attains the age of majority.
(iii) If a person entitled to sue is under a disability at the time the cause of action accrues so that it is impossible or impracticable for him or her to bring an action under this subdivision, the time of the disability is not part of the time limited for the commencement of the action. Disability will toll the running of the statute of limitations for this action.
(A) Disability includes being a minor, lacking legal capacity to make decisions, imprisonment, or other incapacity or incompetence.
(B) The statute of limitations shall not run against a victim who is a minor or who lacks the legal competence to make decisions simply because a guardian ad litem has been appointed. A guardian ad litem's failure to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15187-01-0
A. 9772 2
bring a victim's action within the applicable limitation period will not prejudice the victim's right to do so after his or her disability ceases.
(C) The perpetrator is estopped from asserting a defense of the statute of limitations when the expiration of the statute is due to conduct by such perpetrator inducing the victim to delay the filing of the action, or due to threats made by the perpetrator causing duress upon the victim.
(D) The suspension of the statute of limitations due to disability, lack of knowledge, or estoppel applies to all other related claims arising out of the trafficking situation.
(E) The running of the statute of limitations is postponed during the pendency of criminal proceedings against the victim.
(iv) The running of the statute of limitations may be suspended if a person entitled to sue could not have reasonably discovered the cause of action due to circumstances resulting from the trafficking situation, such as psychological trauma, cultural and linguistic isolation, and the inability to access services.
(v) A prevailing victim may also be awarded reasonable attorney's fees and litigation costs including, but not limited to, expert witness fees and expenses as part of the costs.
(vi) Restitution paid by the perpetrator to the victim shall be credited against a judgment, award, or settlement obtained pursuant to an action under this subdivision.
(vii) A civil action filed under this subdivision shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim. As used in this subdivision, a "criminal action" includes investigation and prosecution, and is pending until a final adjudication in the trial court or dismissal.
§ 2. The section heading and subdivision (e) of section 212 of the civil practice law and rules, subdivision (e) as added by chapter 368 of the laws of 2015, are amended to read as follows:
Actions to be commenced within ten or fifteen years.
(e) By a victim of sex trafficking, compelling prostitution, or labor trafficking. An action by a victim of sex trafficking, compelling prostitution, labor trafficking or aggravated labor trafficking, brought pursuant to subdivision (c) of section four hundred eighty-three-bb of the social services law, may be commenced within [ten] fifteen years after such victimization occurs provided, however, that such [ten] fifteen year period shall not begin to run and shall be tolled during any period in which the victim is or remains subject to such conduct.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.