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NY A03186
Bill
Status
1/22/2021
Primary Sponsor
Andrew Hevesi
Click for details
AI Summary
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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.
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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.
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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.
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Prevents perpetrators from asserting statute of limitations defenses when they induced the victim to delay filing or created duress through threats.
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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