Bill Text: NY A10612 | 2021-2022 | General Assembly | Introduced

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Bill Title: Extends the statute of limitations of actions related to certain sex trafficking offenses, reviving such actions otherwise barred by the existing statute of limitations; grants trial preference to such actions; exempts such actions from certain provisions requiring notice of claims.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-07-06 - referred to codes [A10612 Detail]

Download: New_York-2021-A10612-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          10612

                   IN ASSEMBLY

                                      July 6, 2022
                                       ___________

        Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
          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  certain  sex  trafficking
          crimes;  to amend the civil practice law and rules, in relation to the
          statute of limitations for civil actions related to certain sex  traf-
          ficking offenses, reviving such actions otherwise barred by the exist-
          ing  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 actions related
          to certain sex trafficking offenses; to amend the court of claims act,
          in  relation  to  providing  that  the  notice  of  intention  to file
          provisions shall not apply to actions related to certain sex traffick-
          ing offenses; and to amend the education law, in relation to providing
          that the notice of claim provisions shall not apply to actions related
          to certain sex trafficking offenses

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of  subdivision 2 of section 30.10 of the
     2  criminal procedure law, as amended by chapter 315 of the laws  of  2019,
     3  is amended to read as follows:
     4    (a) A prosecution for a class A felony, or rape in the first degree as
     5  defined  in  section  130.35  of  the  penal  law, or a crime defined or
     6  formerly defined in section 130.50 of the penal law, or aggravated sexu-
     7  al abuse in the first degree as defined in section 130.70 of  the  penal
     8  law,  or course of sexual conduct against a child in the first degree as
     9  defined in section 130.75 of  the  penal  law,  or  sex  trafficking  as
    10  defined  in  section  230.34  of  the penal law, or sex trafficking of a
    11  child as defined in section 230.34-a of the penal law, or incest in  the
    12  first  degree  as  defined  in  section  255.27  of the penal law may be
    13  commenced at any time;
    14    § 2. Paragraph (f) of subdivision 3 of section 30.10 of  the  criminal
    15  procedure  law, as amended by chapter 11 of the laws of 2019, is amended
    16  to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15288-01-2
        A. 10612                            2

     1    (f) For purposes of  a  prosecution  involving  a  sexual  offense  as
     2  defined  in  article  one hundred thirty of the penal law[, other than a
     3  sexual offense delineated in paragraph (a) of subdivision  two  of  this
     4  section,] committed against a child less than eighteen years of age, the
     5  period  of limitation shall not begin to run until the child has reached
     6  the age of twenty-three or the offense is reported to a law  enforcement
     7  agency  or  statewide  central register of child abuse and maltreatment,
     8  whichever occurs earlier.   This paragraph shall  not  apply  to  sexual
     9  offenses  delineated in paragraph (a) of subdivision two of this section
    10  committed against a child less than eighteen years of age, sex traffick-
    11  ing as defined in section 230.34 of the penal law  committed  against  a
    12  child  less  than  eighteen  years of age, sex trafficking of a child as
    13  defined in section 230.34-a of the  penal  law,  incest  in  the  first,
    14  second  or third degree as defined in sections 255.27, 255.26 and 255.25
    15  of the penal law committed against a child less than eighteen  years  of
    16  age,  or  use  of  a child in a sexual performance as defined in section
    17  263.05 of the penal law[, the period of limitation shall  not  begin  to
    18  run  until  the child has reached the age of twenty-three or the offense
    19  is reported to a law enforcement agency or statewide central register of
    20  child abuse and maltreatment, whichever occurs earlier].
    21    § 3. Subdivision (b) of section 208 of  the  civil  practice  law  and
    22  rules, as added by chapter 11 of the laws of 2019, is amended to read as
    23  follows:
    24    (b)  Notwithstanding  any  provision  of law which imposes a period of
    25  limitation to the contrary and the provisions of any other law  pertain-
    26  ing  to the filing of a notice of claim or a notice of intention to file
    27  a claim as a condition precedent to commencement of an action or special
    28  proceeding, with respect to all civil claims or causes of action brought
    29  by any person for physical, psychological or other injury  or  condition
    30  suffered  by such person as a result of conduct which would constitute a
    31  sexual offense as defined in article one hundred thirty of the penal law
    32  committed against such person who was less than eighteen years  of  age,
    33  sex  trafficking as defined in section 230.34 of the penal law committed
    34  against such person who was less than eighteen years of age,  sex  traf-
    35  ficking  of  a  child  as  defined in section 230.34-a of the penal law,
    36  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
    37  committed  against  such person who was less than eighteen years of age,
    38  or the use of such person in a sexual performance as defined in  section
    39  263.05  of  the penal law, or a predecessor statute that prohibited such
    40  conduct at the time of the act, which conduct was committed against such
    41  person who was less than eighteen years  of  age,  such  action  may  be
    42  commenced,  against  any  party  whose  intentional or negligent acts or
    43  omissions are alleged  to  have  resulted  in  the  commission  of  said
    44  conduct,  on or before the plaintiff or infant plaintiff reaches the age
    45  of fifty-five years. In any such claim or action,  in  addition  to  any
    46  other  defense  and affirmative defense that may be available in accord-
    47  ance with law, rule or the common law,  to  the  extent  that  the  acts
    48  alleged  in  such action are of the type described in subdivision one of
    49  section 130.30 of the penal law or subdivision one of section 130.45  of
    50  the  penal law, the affirmative defenses set forth, respectively, in the
    51  closing paragraph of such sections of the penal law shall apply.
    52    § 4. Section 214-g of the civil practice law and rules, as amended  by
    53  chapter 130 of the laws of 2020, is amended to read as follows:
    54    §  214-g.  Certain  child  sexual  abuse  cases.  Notwithstanding  any
    55  provision of law which imposes a period of limitation  to  the  contrary
    56  and the provisions of any other law pertaining to the filing of a notice
        A. 10612                            3

     1  of  claim or a notice of intention to file a claim as a condition prece-
     2  dent to commencement of an action or  special  proceeding,  every  civil
     3  claim  or cause of action brought against any party alleging intentional
     4  or  negligent acts or omissions by a person for physical, psychological,
     5  or other injury or condition suffered as a result of conduct which would
     6  constitute a sexual offense as defined in article one hundred thirty  of
     7  the penal law committed against a child less than eighteen years of age,
     8  sex  trafficking as defined in section 230.34 of the penal law committed
     9  against a child less than eighteen years of age, sex  trafficking  of  a
    10  child as defined in section 230.34-a of the penal law, incest as defined
    11  in section 255.27, 255.26 or 255.25 of the penal law committed against a
    12  child less than eighteen years of age, or the use of a child in a sexual
    13  performance  as  defined in section 263.05 of the penal law, or a prede-
    14  cessor statute that prohibited such conduct at  the  time  of  the  act,
    15  which  conduct was committed against a child less than eighteen years of
    16  age, which is barred as of the effective date of  this  section  because
    17  the  applicable  period  of limitation has expired, and/or the plaintiff
    18  previously failed to file a notice of claim or a notice of intention  to
    19  file a claim, is hereby revived, and action thereon may be commenced not
    20  earlier  than  six  months  after,  and not later than two years and six
    21  months after the effective date of this section. In any  such  claim  or
    22  action:  (a)  in  addition  to any other defense and affirmative defense
    23  that may be available in accordance with law, rule or the common law, to
    24  the extent that the  acts  alleged  in  such  action  are  of  the  type
    25  described  in  subdivision  one  of  section  130.30 of the penal law or
    26  subdivision one of section 130.45 of  the  penal  law,  the  affirmative
    27  defenses  set  forth,  respectively,  in  the  closing paragraph of such
    28  sections of the penal law shall apply; and (b) dismissal of  a  previous
    29  action,  ordered  before  the effective date of this section, on grounds
    30  that such previous action was time barred, and/or for failure of a party
    31  to file a notice of claim or a notice of  intention  to  file  a  claim,
    32  shall  not be grounds for dismissal of a revival action pursuant to this
    33  section.
    34    § 5. Section 213-c of the civil practice law and rules, as amended  by
    35  chapter 315 of the laws of 2019, is amended to read as follows:
    36    §  213-c.  Action  by  victim  of  conduct constituting certain sexual
    37  offenses. Notwithstanding any other limitation set forth in  this  arti-
    38  cle,  except as provided in subdivision (b) of section two hundred eight
    39  of this article, all civil claims or causes of  action  brought  by  any
    40  person for physical, psychological or other injury or condition suffered
    41  by such person as a result of conduct which would constitute rape in the
    42  first  degree  as defined in section 130.35 of the penal law, or rape in
    43  the second degree as defined in subdivision two of section 130.30 of the
    44  penal law, or rape in the third degree as defined in subdivision one  or
    45  three  of section 130.25 of the penal law, or criminal sexual act in the
    46  first degree as defined in section 130.50 of the penal law, or  criminal
    47  sexual act in the second degree as defined in subdivision two of section
    48  130.45  of  the penal law, or criminal sexual act in the third degree as
    49  defined in subdivision one or three of section 130.40 of the penal  law,
    50  or  incest in the first degree as defined in section 255.27 of the penal
    51  law, or incest in the second degree as defined in section 255.26 of  the
    52  penal  law  (where  the  crime committed is rape in the second degree as
    53  defined in subdivision two of section 130.30 of the penal law or  crimi-
    54  nal  sexual  act  in  the second degree as defined in subdivision two of
    55  section 130.45), or aggravated sexual  abuse  in  the  first  degree  as
    56  defined  in section 130.70 of the penal law, or course of sexual conduct
        A. 10612                            4

     1  against a child in the first degree as defined in section 130.75 of  the
     2  penal  law, or sex trafficking as defined in section 230.34 of the penal
     3  law, or sex trafficking of a child as defined in section 230.34-a of the
     4  penal  law  may be brought against any party whose intentional or negli-
     5  gent acts or omissions are alleged to have resulted in the commission of
     6  the said conduct, within twenty years. Nothing in this section shall  be
     7  construed  to  require  that  a criminal charge be brought or a criminal
     8  conviction be obtained as a condition  of  bringing  a  civil  cause  of
     9  action  or  receiving  a  civil  judgment pursuant to this section or be
    10  construed to require that any of the rules governing a criminal proceed-
    11  ing be applicable to any such civil action.
    12    § 6. The civil practice law and rules  is  amended  by  adding  a  new
    13  section 214-j to read as follows:
    14    §   214-j.  Certain  sexual  offense  actions.    Notwithstanding  any
    15  provision of law which imposes a period of limitation  to  the  contrary
    16  and the provisions of any other law pertaining to the filing of a notice
    17  of  claim or a notice of intention to file a claim as a condition prece-
    18  dent to commencement of an action or  special  proceeding,  every  civil
    19  claim  or cause of action brought against any party alleging intentional
    20  or negligent acts or omissions by a person for physical,  psychological,
    21  or other injury or condition suffered as a result of conduct which would
    22  constitute  a sexual offense as defined in article one hundred thirty of
    23  the penal law committed against such person who was  eighteen  years  of
    24  age  or  older,  or  sex trafficking as defined in section 230.34 of the
    25  penal law committed against such person who was eighteen years of age or
    26  older, or incest as defined in section 255.26 or 255.27 of the penal law
    27  committed against such person who was eighteen years of  age  or  older,
    28  which  is  barred  as  of the effective date of this section because the
    29  applicable period of limitation has expired, and/or the plaintiff previ-
    30  ously failed to file a notice of claim or a notice of intention to  file
    31  a  claim,  is  hereby  revived,  and action thereon may be commenced not
    32  earlier than six months after, and not  later  than  one  year  and  six
    33  months  after  the  effective date of this section. In any such claim or
    34  action, dismissal of a previous action,  ordered  before  the  effective
    35  date  of  this  section,  on  grounds that such previous action was time
    36  barred, and/or for failure of a party to file a notice  of  claim  or  a
    37  notice  of intention to file a claim, shall not be grounds for dismissal
    38  of a revival action pursuant to this section.
    39    § 7. Paragraph (b) of subdivision 8 of section  50-e  of  the  general
    40  municipal law, as added by chapter 11 of the laws of 2019, is amended to
    41  read as follows:
    42    (b)  This  section  shall  not  apply  to any claim made for physical,
    43  psychological, or other injury or condition  suffered  as  a  result  of
    44  conduct  which  would  constitute a sexual offense as defined in article
    45  one hundred thirty of the penal law committed against a child less  than
    46  eighteen  years  of age, sex trafficking as defined in section 230.34 of
    47  the penal law committed against a child less than eighteen years of age,
    48  sex trafficking of a child as defined in section 230.34-a of  the  penal
    49  law,  incest as defined in section 255.27, 255.26 or 255.25 of the penal
    50  law committed against a child less than eighteen years of  age,  or  the
    51  use  of  a child in a sexual performance as defined in section 263.05 of
    52  the penal law committed against a child less than eighteen years of age.
    53    § 8. Subdivision 5 of section 50-i of the general  municipal  law,  as
    54  added by chapter 11 of the laws of 2019, is amended to read as follows:
    55    5.  Notwithstanding any provision of law to the contrary, this section
    56  shall not apply to any claim made against a city, county, town, village,
        A. 10612                            5

     1  fire district or school district for physical, psychological,  or  other
     2  injury  or condition suffered as a result of conduct which would consti-
     3  tute a sexual offense as defined in article one hundred  thirty  of  the
     4  penal law committed against a child less than eighteen years of age, sex
     5  trafficking  as  defined  in  section  230.34 of the penal law committed
     6  against a child less than eighteen years of age, sex  trafficking  of  a
     7  child as defined in section 230.34-a of the penal law, incest as defined
     8  in section 255.27, 255.26 or 255.25 of the penal law committed against a
     9  child less than eighteen years of age, or the use of a child in a sexual
    10  performance  as  defined  in  section  263.05 of the penal law committed
    11  against a child less than eighteen years of age.
    12    § 9. Subdivision 10 of section 10 of the court of claims act, as added
    13  by chapter 11 of the laws of 2019, is amended to read as follows:
    14    10. Notwithstanding any provision of law to the contrary, this section
    15  shall not apply to any claim to recover damages for physical, psycholog-
    16  ical, or other injury or condition suffered as a result of conduct which
    17  would constitute a sexual offense as  defined  in  article  one  hundred
    18  thirty  of  the  penal  law committed against a child less than eighteen
    19  years of age, sex trafficking as defined in section 230.34 of the  penal
    20  law committed against a child less than eighteen years of age, sex traf-
    21  ficking  of  a  child  as  defined in section 230.34-a of the penal law,
    22  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
    23  committed against a child less than eighteen years of age, or the use of
    24  a  child  in  a  sexual  performance as defined in section 263.05 of the
    25  penal law committed against a child less than eighteen years of age.
    26    § 10. Subdivision 2 of section 3813 of the education law,  as  amended
    27  by chapter 11 of the laws of 2019, is amended to read as follows:
    28    2.  Notwithstanding anything to the contrary hereinbefore contained in
    29  this section, no action or special proceeding founded upon tort shall be
    30  prosecuted or maintained against  any  of  the  parties  named  in  this
    31  section  or against any teacher or member of the supervisory or adminis-
    32  trative staff or employee where the alleged tort was committed  by  such
    33  teacher  or  member  or  employee  acting in the discharge of his duties
    34  within the scope of his employment and/or under  the  direction  of  the
    35  board of education, trustee or trustees, or governing body of the school
    36  unless  a  notice of claim shall have been made and served in compliance
    37  with section fifty-e of the general municipal  law.  Every  such  action
    38  shall  be commenced pursuant to the provisions of section fifty-i of the
    39  general municipal law; provided, however, that this  section  shall  not
    40  apply  to  any  claim to recover damages for physical, psychological, or
    41  other injury or condition suffered as a result of  conduct  which  would
    42  constitute  a sexual offense as defined in article one hundred thirty of
    43  the penal law committed against a child less than eighteen years of age,
    44  sex trafficking of a child as defined in section 230.34-a of  the  penal
    45  law committed against a child less than eighteen years of age, incest as
    46  defined  in  section 255.27, 255.26 or 255.25 of the penal law committed
    47  against a child less than eighteen years of age, or the use of  a  child
    48  in  a  sexual  performance as defined in section 263.05 of the penal law
    49  committed against a child less than eighteen years of age.
    50    § 11. Severability. If any clause,  sentence,  paragraph,  section  or
    51  part  of  this act shall be adjudged by any court of competent jurisdic-
    52  tion to be invalid and after exhaustion of all further judicial  review,
    53  the judgment shall not affect, impair or invalidate the remainder there-
    54  of,  but  shall  be  confined  in its operation to the clause, sentence,
    55  paragraph, section or part of this act directly involved in the  contro-
    56  versy in which the judgment shall have been rendered.
        A. 10612                            6

     1    §  12.  This act shall take effect immediately and shall apply to acts
     2  or omissions occurring on or after such effective date and  to  acts  or
     3  omissions  occurring  prior  to such effective date where the applicable
     4  statute of limitations in effect on the date of such act or omission has
     5  not yet expired.