Bill Text: NY A10814 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Eliminates statute of limitations in criminal and civil actions and revives civil actions for certain sex offenses committed against a child less than eighteen years of age.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-11-09 - print number 10814b [A10814 Detail]

Download: New_York-2011-A10814-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10814
                                 I N  A S S E M B L Y
                                  September 10, 2012
                                      ___________
       Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Markey) --
         read once and referred to the Committee on Codes
       AN ACT to amend the criminal procedure law, in relation to  the  timeli-
         ness  of prosecutions for certain sex offenses; and to amend the civil
         practice law and rules, in relation to the timeliness  for  commencing
         certain civil actions related to sex offenses
         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] 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 or the offense is reported  to  a  law  enforcement  agency  or
   14  statewide  central  register  of child abuse and maltreatment, whichever
   15  occurs earlier] MAY BE COMMENCED AT ANY TIME.
   16    S 2. The civil practice law and rules  is  amended  by  adding  a  new
   17  section 3012-b to  read as follows:
   18    S  3012-B. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT. (A)
   19  NOTWITHSTANDING ANY PROVISION OF LAW WHICH IMPOSES A PERIOD  OF  LIMITA-
   20  TION  TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY A
   21  PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
   22  SUFFERED  AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE
   23  AS DEFINED IN ARTICLE ONE HUNDRED THIRTY  OF  THE  PENAL  LAW  COMMITTED
   24  AGAINST  A  CHILD  LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN
   25  SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW  COMMITTED  AGAINST  A
   26  CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08258-03-2
       A. 10814                            2
    1  PERFORMANCE  AS  DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDE-
    2  CESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT  THE  TIME  OF  THE  ACT,
    3  WHICH  CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF
    4  AGE,  WHICH  IS  BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE
    5  THE APPLICABLE PERIOD OF LIMITATION HAS EXPIRED IS HEREBY  REVIVED,  AND
    6  ACTION THEREON MAY BE COMMENCED AT ANY TIME.
    7    (B)  IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS SECTION
    8  FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS  A
    9  RESULT  OF  CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DESCRIBED
   10  IN SUBDIVISION (A) OF THIS SECTION, THE COMPLAINT SHALL  BE  ACCOMPANIED
   11  BY  A  CERTIFICATE  OF  MERIT  AS  DESCRIBED  IN SUBDIVISION (C) OF THIS
   12  SECTION.
   13    (C) A CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B)  OF  THIS
   14  SECTION  SHALL  BE  FILED  BY  THE  ATTORNEY FOR THE PLAINTIFF AND SHALL
   15  CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
   16  SECTION 9.01 OF THE MENTAL  HYGIENE  LAW,  A  PSYCHOLOGIST  AS  LICENSED
   17  PURSUANT  TO  ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A
   18  PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
   19  VISION ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW,  WHO
   20  IS  KNOWLEDGEABLE  IN  THE  RELEVANT  FACTS  AND  ISSUES INVOLVED IN THE
   21  PARTICULAR ACTION, AND STATES IN REASONABLE DETAIL THE FACTS  AND  OPIN-
   22  IONS  THAT  THE  PERSON  HAS  RELIED UPON FOR CONCLUDING THAT THERE IS A
   23  REASONABLE BASIS TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT  TO  ONE
   24  OR  MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN SUBDIVISION
   25  (A) OF THIS SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY  NOT  BE  A
   26  PARTY TO THE LITIGATION.
   27    (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
   28  CERTIFICATE  SHALL  BE  FILED  FOR  EACH  ACTION,  EVEN IF MORE THAN ONE
   29  DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
   30    S 3. The provisions of this act shall be severable, and if any clause,
   31  sentence, paragraph, subdivision or part of this act shall  be  adjudged
   32  by  any  court  of  competent  jurisdiction to be invalid, such judgment
   33  shall not affect, impair, or invalidate the remainder thereof, but shall
   34  be confined in its operation to the clause, sentence, paragraph,  subdi-
   35  vision  or  part  thereof  directly involved in the controversy in which
   36  such judgment shall have been rendered.
   37    S 4. This act shall take effect immediately, provided that section two
   38  of this act shall take effect on the sixtieth day after this  act  shall
   39  have become a law.