What's happening
This bill expands civil remedies and extends the statute of limitations to fifteen years for victims of human trafficking in New York.
Why it matters
Expands the types of damages victims can recover. , including actual, compensatory, punitive damages, injunctive relief, attorney’s fees, and other appropriate relief, potentially increasing both the financial and non-monetary accountability for traffickers.
Extends the statute of limitations to fifteen years. after the victim is freed (or after reaching adulthood, for minors), giving survivors more time to come forward, which recognizes the long-term trauma and barriers many face in seeking justice.
Provides robust protections for vulnerable victims. by tolling (pausing) the statute of limitations for those with disabilities (such as minors, those lacking legal capacity, or those imprisoned), and when perpetrators' threats or actions delay reporting, ensuring victims aren’t penalized for circumstances beyond their control.
Aligns civil claims with related criminal proceedings. by requiring civil actions to be stayed during criminal cases, and clarifies that restitution paid in criminal cases is credited against civil awards, streamlining the legal process and preventing double recovery.
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Who cares
Headline styles
Let Trafficking Victims Sue
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Committee discharged and committed to social services
- Referred to children and families
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 Assembly Committee · Social Services · Sponsor Andrew Hevesi
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7669
IN SENATE
February 5, 2020
Introduced by Sen. SANDERS -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families
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
S. 7669 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.
Sponsor's memo
Title of bill
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
Purpose
To amend the social services law and the civil practice law and rules, in relation to civil cause of action for human trafficking.
Summary of provisions
Section 1 of the bill amends the subdivision (c) of section 483-bb of the social services law, as added by chapter 368 of the laws of 2015 to provide as follows: an individual who is a victim of the conduct prohib- ited by section 230.33, 230.34, 135.35 or 135.37 of the penal law may bring civil action against the perpetrator or whoever knowingly advances or profits from the act in violation of these sections to recover actu- al, compensatory and punitive damages, injunctive relief, any combina- tion of those or any other appropriate relief, as well as reasonable attorney's fees.
An action 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. Disability will toll the running of the statute of limitations for this action. Disability includes being a minor, lacking legal capacity to make decision, imprisonment, or other incapacity or incompetence.
The perpetrator is estopped form 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. 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. 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.
Section 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 traffick- ing, 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.
Section 3: Effective date.
Existing law
Existing law provides only for the recovery of damages and reasonable attorney's fees.
Justification
Human trafficking is a heinous crime that should be disincentivized in every way possible. This will allow victims to recover greater damages from their perpetrators and allow them to be made as close to whole as possible. This legislation extends the statute of limitations from 10 years to 15 years to give human trafficking victims more time to file a civil cause of action.
Legislative history
New bill.
Fiscal implications
None
Local fiscal implications
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.