2023 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.