Chapter 4 - ACTIONS BY VICTIMS OF VIOLENT CRIME

Section 10-401

Section 10-401

  § 10-401 Short Title. This local law shall be known as the "Victims of
Violent Crime Protection Act".

Section 10-402

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

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

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

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

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.