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NY A03186

Bill

Status

Introduced

1/22/2021

Primary Sponsor

Andrew Hevesi

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Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Victims of human trafficking (penal law sections 230.33, 230.34, 230.34-a, 135.35, 135.37) may bring civil actions against perpetrators and those who knowingly profit from trafficking to recover actual, compensatory, and punitive damages, injunctive relief, and reasonable attorney's fees.

  • Establishes a 15-year statute of limitations for filing civil actions, measured from when the victim was freed from trafficking or, if a minor at the time, from when they reach age 18.

  • Tolls (suspends) the statute of limitations during periods of disability (including minority, legal incapacity, imprisonment), criminal proceedings against the victim, or when the victim could not reasonably discover the cause of action due to trafficking-related trauma and isolation.

  • Prevents perpetrators from asserting statute of limitations defenses when they induced the victim to delay filing or created duress through threats.

  • Allows prevailing victims to recover reasonable attorney's fees, litigation costs, and expert witness fees, with any criminal restitution paid credited against the civil judgment or settlement.

Legislative Description

Relates to a civil cause of action for human trafficking; allows for actions relating to human trafficking to be commenced within fifteen years after the victimization has occurred.

Last Action

substituted by s672

6/7/2021

Committee Referrals

Rules6/2/2021
Codes5/24/2021
Social Services1/22/2021

Full Bill Text

No bill text available