Section 10-401
§ 10-401 Short Title. This local law shall be known as the "Victims of
Violent Crime Protection Act".
Section 10-402
§ 10-402 Definition. For purposes of this chapter:
a. "Crime of violence" means an act or series of acts that would
constitute a misdemeanor or felony against the person as defined in
state or federal law or that would constitute a misdemeanor or felony
against property as defined in state or federal law if the conduct
presents a serious risk of physical injury to another, whether or not
those acts have actually resulted in criminal charges, prosecution, or
conviction.
Section 10-403
§ 10-403 Civil Cause of Action. Except as otherwise provided by law,
any person claiming to be injured by an individual who commits a crime
of violence as defined in section 10-402 of this chapter, shall have a
cause of action against such individual in any court of competent
jurisdiction for any or all of the following relief:
1. compensatory and punitive damages;
2. injunctive and declaratory relief;
3. attorneys' fees and costs;
4. such other relief as a court may deem appropriate.
Section 10-404
§ 10-404 Limitations. a. A civil action under this chapter must be
commenced within six years after the alleged crime of violence as
defined in section 10-402 of this chapter occurred. If, however, due to
injury or disability resulting from an act or acts giving rise to a
cause of action under this chapter, or due to infancy as defined in the
civil procedure law and rules, a person entitled to commence an action
under this chapter is unable to do so at the time such cause of action
accrues, then the time within which the action must be commenced shall
be extended to six years after the inability to commence the action
ceases.
b. Nothing in this section requires a prior criminal complaint,
prosecution or conviction to establish the elements of a cause of action
under this chapter.
Section 10-405
§ 10-405 Burden of Proof. Conviction of a crime arising out of the
same transaction, occurrence or event giving rise to a cause of action
under this chapter shall be considered conclusive proof of the
underlying facts of that crime for purposes of an action brought under
this chapter. That such crime was a crime of violence must be proved by
preponderance of the evidence.
Section 10-406
§ 10-406 Severability. If any section, subsection, sentence, clause,
phrase or other portion of this local law is, for any reason, declared
unconstitutional or invalid, in whole or in part, by any court of
competent jurisdiction such portion shall be deemed severable, and such
unconstitutionality or invalidity shall not affect the validity of the
remaining portions of this law, which remaining portions shall continue
in full force and effect.