Bill Text: NY A02683 | 2019-2020 | General Assembly | Introduced


Bill Title: Provides that the statute of limitations for criminal prosecution of a sexual offense committed against a child shall not begin to run until the child turns 23 years of age; provides that a civil action for conduct constituting a sexual offense against a child, shall be brought before the child turns 55 years of age; revives previously barred actions related to sexual abuse of children; grants civil trial preference to such actions; eliminates the notice of claim requirements for such actions when the action is brought against a municipality, the state or a school district; requires judicial training relating to child abuse and the establishment of rules relating to civil actions brought for sexual offenses committed against children.

Spectrum: Partisan Bill (Democrat 63-0)

Status: (Introduced) 2019-01-28 - substituted by s2440 [A02683 Detail]

Download: New_York-2019-A02683-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
            S. 2440                                                  A. 2683
                               2019-2020 Regular Sessions
                SENATE - ASSEMBLY
                                    January 24, 2019
                                       ___________
        IN  SENATE  --  Introduced  by  Sens. HOYLMAN, STEWART-COUSINS, ADDABBO,
          BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
          GIANARIS, GOUNARDES, HARCKHAM, JACKSON,  KAMINSKY,  KAPLAN,  KAVANAGH,
          KENNEDY,  KRUEGER,  LIU,  MARTINEZ,  MAY,  MAYER, METZGER, MONTGOMERY,
          MYRIE, PARKER, RAMOS, RIVERA,  SALAZAR,  SANDERS,  SAVINO,  SEPULVEDA,
          SERRANO,  SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed,
          and when printed to be committed to the Committee on Judiciary
        IN ASSEMBLY -- Introduced by M. of A. L. ROSENTHAL,  DINOWITZ,  HEASTIE,
          PEOPLES-STOKES,  ENGLEBRIGHT,  GUNTHER, OTIS, JAFFEE, STIRPE, SIMOTAS,
          GALEF,  MOSLEY,  LIFTON,  BARRETT,  PAULIN,  ARROYO,  WALKER,  WEPRIN,
          BICHOTTE,  SIMON, BLAKE, CAHILL, SEAWRIGHT, BARRON, BUCHWALD, BRONSON,
          HEVESI, HYNDMAN, ORTIZ, NOLAN, JONES, CARROLL,  RIVERA,  GLICK,  NIOU,
          DE LA ROSA,  PRETLOW,  GOTTFRIED,  D'URSO,  VANEL, TITUS, JEAN-PIERRE,
          FERNANDEZ,  BENEDETTO,  CRUZ,  EPSTEIN,  FRONTUS,  GRIFFIN,  JACOBSON,
          QUART,  REYES,  RICHARDSON,  ROMEO, RYAN, SAYEGH, BURKE, STECK -- read
          once and referred to the Committee on Codes
        AN ACT to amend the criminal procedure law, in relation to  the  statute
          of  limitations  in criminal prosecution of a sexual offense committed
          against a child; to  amend  the  civil  practice  law  and  rules,  in
          relation  to the statute of limitations for civil actions related to a
          sexual offense committed against a child, reviving such actions other-
          wise barred by the existing statute of limitations and granting  trial
          preference  to  such  actions;  to amend the general municipal law, in
          relation to providing that the notice of claim  provisions  shall  not
          apply  to  such actions; to amend the court of claims act, in relation
          to providing that the notice of intention to file provisions shall not
          apply to such actions; to amend the  education  law,  in  relation  to
          providing  that the notice of claim provisions shall not apply to such
          actions; and to amend the  judiciary  law,  in  relation  to  judicial
          training  relating  to sexual abuse of minors and rules reviving civil
          actions relating to sexual offenses committed against children
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08627-03-9

        S. 2440                             2                            A. 2683
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.    Paragraph  (f) of subdivision 3 of section 30.10 of the
     2  criminal procedure law, as separately amended by chapters 3 and  320  of
     3  the laws of 2006, is amended to read as follows:
     4    (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
     5  defined in article one hundred thirty of the penal  law,  other  than  a
     6  sexual  offense  delineated  in paragraph (a) of subdivision two of this
     7  section, committed against a child less  than  eighteen  years  of  age,
     8  incest  in  the  first,  second  or  third degree as defined in sections
     9  255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
    10  less  than eighteen years of age, or use of a child in a sexual perform-
    11  ance as defined in section 263.05 of the penal law, the period of  limi-
    12  tation  shall  not  begin  to run until the child has reached the age of
    13  [eighteen] twenty-three or the offense is reported to a law  enforcement
    14  agency  or  statewide  central register of child abuse and maltreatment,
    15  whichever occurs earlier.
    16    § 2. The opening paragraph of section 208 of the  civil  practice  law
    17  and  rules  is  designated  subdivision (a) and a new subdivision (b) is
    18  added to read as follows:
    19    (b) Notwithstanding any provision of law which  imposes  a  period  of
    20  limitation  to the contrary and the provisions of any other law pertain-
    21  ing to the filing of a notice of claim or a notice of intention to  file
    22  a claim as a condition precedent to commencement of an action or special
    23  proceeding, with respect to all civil claims or causes of action brought
    24  by  any  person for physical, psychological or other injury or condition
    25  suffered by such person as a result of conduct which would constitute  a
    26  sexual offense as defined in article one hundred thirty of the penal law
    27  committed  against  such person who was less than eighteen years of age,
    28  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
    29  committed  against  such person who was less than eighteen years of age,
    30  or the use of such person in a sexual performance as defined in  section
    31  263.05  of  the penal law, or a predecessor statute that prohibited such
    32  conduct at the time of the act, which conduct was committed against such
    33  person who was less than eighteen years  of  age,  such  action  may  be
    34  commenced,  against  any  party  whose  intentional or negligent acts or
    35  omissions are alleged  to  have  resulted  in  the  commission  of  said
    36  conduct,  on or before the plaintiff or infant plaintiff reaches the age
    37  of fifty-five years. In any such claim or action,  in  addition  to  any
    38  other  defense  and affirmative defense that may be available in accord-
    39  ance with law, rule or the common law,  to  the  extent  that  the  acts
    40  alleged  in  such action are of the type described in subdivision one of
    41  section 130.30 of the penal law or subdivision one of section 130.45  of
    42  the  penal law, the affirmative defenses set forth, respectively, in the
    43  closing paragraph of such sections of the penal law shall apply.
    44    § 3. The civil practice law and rules  is  amended  by  adding  a  new
    45  section 214-g to read as follows:
    46    §  214-g.  Certain  child  sexual  abuse  cases.  Notwithstanding  any
    47  provision of law which imposes a period of limitation  to  the  contrary
    48  and the provisions of any other law pertaining to the filing of a notice
    49  of  claim or a notice of intention to file a claim as a condition prece-
    50  dent to commencement of an action or  special  proceeding,  every  civil
    51  claim  or cause of action brought against any party alleging intentional
    52  or negligent acts or omissions by a person for physical,  psychological,
    53  or other injury or condition suffered as a result of conduct which would

        S. 2440                             3                            A. 2683
     1  constitute  a sexual offense as defined in article one hundred thirty of
     2  the penal law committed against a child less than eighteen years of age,
     3  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
     4  committed against a child less than eighteen years of age, or the use of
     5  a  child  in  a  sexual  performance as defined in section 263.05 of the
     6  penal law, or a predecessor statute that prohibited such conduct at  the
     7  time  of  the act, which conduct was committed against a child less than
     8  eighteen years of age, which is barred as of the effective date of  this
     9  section  because the applicable period of limitation has expired, and/or
    10  the plaintiff previously failed to file a notice of claim or a notice of
    11  intention to file a claim, is hereby revived, and action thereon may  be
    12  commenced not earlier than six months after, and not later than one year
    13  and  six  months  after the effective date of this section.  In any such
    14  claim or action: (a) in addition to any other  defense  and  affirmative
    15  defense that may be available in accordance with law, rule or the common
    16  law,  to the extent that the acts alleged in such action are of the type
    17  described in subdivision one of section  130.30  of  the  penal  law  or
    18  subdivision  one  of  section  130.45  of the penal law, the affirmative
    19  defenses set forth, respectively,  in  the  closing  paragraph  of  such
    20  sections  of  the penal law shall apply; and (b) dismissal of a previous
    21  action, ordered before the effective date of this  section,  on  grounds
    22  that such previous action was time barred, and/or for failure of a party
    23  to  file  a  notice  of  claim or a notice of intention to file a claim,
    24  shall not be grounds for dismissal of a revival action pursuant to  this
    25  section.
    26    §  4. Subdivision (a) of rule 3403 of the civil practice law and rules
    27  is amended by adding a new paragraph 7 to read as follows:
    28    7. any action which has been revived pursuant to section  two  hundred
    29  fourteen-g of this chapter.
    30    §  5.  Subdivision  8 of section 50-e of the general municipal law, as
    31  amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
    32  follows:
    33    8.  Inapplicability  of  section.  (a) This section shall not apply to
    34  claims arising under the provisions of the  workers'  compensation  law,
    35  the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
    36  workers' benefit law or to claims against public corporations  by  their
    37  own infant wards.
    38    (b)  This  section  shall  not  apply  to any claim made for physical,
    39  psychological, or other injury or condition  suffered  as  a  result  of
    40  conduct  which  would  constitute a sexual offense as defined in article
    41  one hundred thirty of the penal law committed against a child less  than
    42  eighteen  years  of  age, incest as defined in section 255.27, 255.26 or
    43  255.25 of the penal law committed against a  child  less  than  eighteen
    44  years  of  age, or the use of a child in a sexual performance as defined
    45  in section 263.05 of the penal law committed against a child  less  than
    46  eighteen years of age.
    47    §  6. Section 50-i of the general municipal law is amended by adding a
    48  new subdivision 5 to read as follows:
    49    5. Notwithstanding any provision of law to the contrary, this  section
    50  shall not apply to any claim made against a city, county, town, village,
    51  fire  district  or school district for physical, psychological, or other
    52  injury or condition suffered as a result of conduct which would  consti-
    53  tute  a  sexual  offense as defined in article one hundred thirty of the
    54  penal law committed against a child less than  eighteen  years  of  age,
    55  incest  as  defined in section 255.27, 255.26 or 255.25 of the penal law
    56  committed against a child less than eighteen years of age, or the use of

        S. 2440                             4                            A. 2683
     1  a child in a sexual performance as defined  in  section  263.05  of  the
     2  penal law committed against a child less than eighteen years of age.
     3    §  7. Section 10 of the court of claims act is amended by adding a new
     4  subdivision 10 to read as follows:
     5    10. Notwithstanding any provision of law to the contrary, this section
     6  shall not apply to any claim to recover damages for physical, psycholog-
     7  ical, or other injury or condition suffered as a result of conduct which
     8  would constitute a sexual offense as  defined  in  article  one  hundred
     9  thirty  of  the  penal  law committed against a child less than eighteen
    10  years of age, incest as defined in section 255.27, 255.26 or  255.25  of
    11  the penal law committed against a child less than eighteen years of age,
    12  or  the  use  of  a  child in a sexual performance as defined in section
    13  263.05 of the penal law committed against a  child  less  than  eighteen
    14  years of age.
    15    § 8. Subdivision 2 of section 3813 of the education law, as amended by
    16  chapter 346 of the laws of 1978, is amended to read as follows:
    17    2.  Notwithstanding anything to the contrary hereinbefore contained in
    18  this section, no action or special proceeding founded upon tort shall be
    19  prosecuted or maintained against  any  of  the  parties  named  in  this
    20  section  or against any teacher or member of the supervisory or adminis-
    21  trative staff or employee where the alleged tort was committed  by  such
    22  teacher  or  member  or  employee  acting in the discharge of his duties
    23  within the scope of his employment and/or under  the  direction  of  the
    24  board of education, trustee or trustees, or governing body of the school
    25  unless  a  notice of claim shall have been made and served in compliance
    26  with section fifty-e of the general municipal law.   Every  such  action
    27  shall  be commenced pursuant to the provisions of section fifty-i of the
    28  general municipal law; provided, however, that this  section  shall  not
    29  apply  to  any  claim to recover damages for physical, psychological, or
    30  other injury or condition suffered as a result of  conduct  which  would
    31  constitute  a sexual offense as defined in article one hundred thirty of
    32  the penal law committed against a child less than eighteen years of age,
    33  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
    34  committed against a child less than eighteen years of age, or the use of
    35  a  child  in  a  sexual  performance as defined in section 263.05 of the
    36  penal law committed against a child less than eighteen years of age.
    37    § 9. Section 219-c of the judiciary law, as added by  chapter  506  of
    38  the laws of 2011, is amended to read as follows:
    39    §  219-c.  Crimes  involving  sexual  assault  and the sexual abuse of
    40  minors; judicial training. The  office  of  court  administration  shall
    41  provide  training for judges and justices with respect to crimes involv-
    42  ing sexual assault, and the sexual abuse of minors.
    43    § 10. The judiciary law is amended by adding a new  section  219-d  to
    44  read as follows:
    45    § 219-d. Rules reviving certain actions; sexual offenses against chil-
    46  dren.   The chief administrator of the courts shall promulgate rules for
    47  the timely adjudication of revived actions brought pursuant  to  section
    48  two hundred fourteen-g of the civil practice law and rules.
    49    §  11.  The  provisions  of  this  act  shall be severable, and if any
    50  clause, sentence, paragraph, subdivision or part of this  act  shall  be
    51  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
    52  judgment shall not affect, impair, or invalidate the remainder  thereof,
    53  but  shall  be  confined in its operation to the clause, sentence, para-
    54  graph, subdivision or part thereof directly involved in the  controversy
    55  in which such judgment shall have been rendered.

        S. 2440                             5                            A. 2683
     1    § 12. This act shall take effect immediately; except that section nine
     2  of  this  act  shall  take  effect  six months after this act shall have
     3  become a law; provided, however, that training for cases brought  pursu-
     4  ant  to  section  214-g of the civil practice law and rules, as added by
     5  section  three  of  this act, shall commence three months after this act
     6  shall have become a law; and section ten of this act shall  take  effect
     7  three months after this act shall have become a law.
feedback