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: (Passed) 2019-02-14 - SIGNED CHAP.11 [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. LBD08627-03-9S. 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 wouldS. 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 ofS. 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.
