What's happening
This bill establishes a two-year time limit to file lawsuits seeking damages for injuries resulting from domestic violence.
Why it matters
Creates a clear legal window for survivors. By establishing a two-year time frame to file lawsuits for injuries from domestic violence, the bill provides survivors with a defined period to seek civil damages, which may make the legal process more predictable and accessible.
Aligns with other statutes of limitation but maintains exceptions. The bill clarifies that this new time limit does not change existing limitations for other types of civil actions, indicating careful coordination with current New York law and ensuring that survivors are not inadvertently losing rights in other contexts.
Recognizes domestic violence as a distinct cause for civil action. By specifically referencing the legal definition of domestic violence, the bill elevates these cases within civil law and acknowledges the unique harms and challenges faced by survivors, potentially encouraging more victims to pursue justice.
Immediate impact. The law is set to take effect as soon as it is passed, meaning survivors and legal professionals would need to quickly adapt to the new timeframe for bringing cases.
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Who cares
Headline styles
Set Limit for Domestic Violence Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
History
- Substituted by A1945
- Advanced to third reading
- 2nd report cal.
- 1st report cal.186
- Referred to judiciary
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.
Set Deadline for Domestic Violence Lawsuits
Signed by Governor · Sponsor Kenneth Zebrowski
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2416
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. KAPLAN -- 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 establishing 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 Assembly, 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.
LBD01550-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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
Purpose of the bill
This bill would increase the statute of limitation 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 is amended by adding a new section 215-a relates 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.
Section two of the bill relates to the effective date.
Justification
Currently, domestic violence incidents are treated the same way as an 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 over a year to make the very difficult decision to end the relationship. Unfortunately at that point 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
A. 1945 of 2017-2018; Passed Assembly A.1516 of 2017-18, A.7037 of 2015-15, A.1302 of 2013-2014, A.2090 of 2011-12, A.8621 of 2009-10.
Fiscal implications for state
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.