NY Soc Serv L § 483-BB (2021)
2021 New York Laws SOS - Social Services Article 10-D - Services for Victims of Human Trafficking 483-BB - Services for Victims of Human Trafficking.

§ 483-bb. Services for victims of human trafficking. (a) The office of temporary  and  disability assistance may coordinate with and assist law enforcement  agencies  and  district  attorney's   offices   to   access appropriate services for human trafficking victims.  (b) The office of temporary and disability assistance shall enter into contracts  with  non-government  organizations for providing services to victims of human trafficking as defined in subdivision  (a)  of  section four  hundred  eighty-three-aa  of  this article. Such services shall be culturally competent, to the extent practicable, and shall include,  but are not limited to, case management, emergency temporary housing, health care,  mental health counseling, drug addiction screening and treatment, language  interpretation  and  translation  services,  English  language instruction,  job  training  and  placement  assistance, post-employment services for job retention, and services to assist  the  individual  and any  of  his or her family members to establish a permanent residence in New York state or the United States. Such services  shall  also  include appropriate  voluntary  placement  in a short-term and/or long-term safe house, as such terms are defined under subdivision (c) or (d) of section four hundred eighty-three-aa of this article. Placement in a safe  house shall  be  available from the initial point of contact between the human trafficking victim and any of the following: law  enforcement;  a  local social  services  district;  or  a  social  or  legal services provider. Nothing in this article shall prevent placement in a  safe  house  of  a human  trafficking victim who is: (1) involved in a proceeding which has not reached final disposition, for the duration of such proceeding;  (2) not  involved in a pending proceeding; or (3) participating in a program for victims of domestic violence and has been identified as a victim  of human  trafficking. Nothing in this article shall preclude the office of temporary and  disability  assistance,  or  any  local  social  services district, from providing human trafficking victims who are United States citizens  or human trafficking victims who meet the criteria pursuant to section one hundred twenty-two of this  chapter  with  any  benefits  or services for which they otherwise may be eligible.  (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, 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  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.