Bill Text: NY A02090 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that certain actions for injury caused by domestic violence may be commenced within two years.

Spectrum: Strong Partisan Bill (Democrat 19-1)

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A02090 Detail]

Download: New_York-2011-A02090-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2090
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 13, 2011
                                      ___________
       Introduced  by  M.  of  A. ZEBROWSKI, ABBATE, GABRYSZAK, HOOPER, CAHILL,
         GALEF, HOYT, SPANO,  COLTON,  GUNTHER,  LANCMAN,  TITONE,  MILLMAN  --
         Multi-Sponsored  by  --  M. of A.  GOTTFRIED, MARKEY, PHEFFER, REILLY,
         ROBINSON, RUSSELL, WEISENBERG -- read once and referred to the Commit-
         tee on Judiciary
       AN ACT to amend the civil practice law and rules,  in  relation  to  the
         time  within  which  certain  actions  for  injury  caused by domestic
         violence may be commenced
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 215-a to read as follows:
    3    S  215-A.  ACTIONS  TO RECOVER DAMAGES FOR INJURY ARISING FROM ACTS OF
    4  DOMESTIC VIOLENCE. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
    5  AN ACTION TO RECOVER DAMAGES FOR INJURY ARISING FROM AN ACT OF  DOMESTIC
    6  VIOLENCE,  INCLUDING  DISORDERLY CONDUCT, HARASSMENT, MENACING, RECKLESS
    7  ENDANGERMENT,  KIDNAPPING,  ASSAULT,  ATTEMPTED  ASSAULT,  OR  ATTEMPTED
    8  MURDER,  COMMITTED  AGAINST  ANY  PERSON  OVER  THE  AGE OF SIXTEEN, ANY
    9  MARRIED PERSON OR ANY PARENT ACCOMPANIED BY HIS OR HER  MINOR  CHILD  OR
   10  CHILDREN  IN SITUATIONS IN WHICH SUCH PERSON OR SUCH PERSON'S CHILD IS A
   11  VICTIM OF SUCH ACTS, SHALL BE COMMENCED WITHIN TWO YEARS.    NOTHING  IN
   12  THIS  SECTION  SHALL  BE  CONSTRUED TO REQUIRE THAT A CRIMINAL CHARGE BE
   13  BROUGHT OR A CRIMINAL CONVICTION BE OBTAINED AS A CONDITION OF  BRINGING
   14  A  CIVIL  CAUSE OF ACTION OR RECEIVING A CIVIL JUDGMENT PURSUANT TO THIS
   15  SECTION OR BE CONSTRUED TO REQUIRE THAT ANY OF  THE  RULES  GOVERNING  A
   16  CRIMINAL PROCEEDING BE APPLICABLE TO ANY SUCH CIVIL ACTION.
   17    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00824-01-1