Bill Text: NY A10814 | 2011-2012 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Amended.html
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-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 10814--A 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 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08258-04-2 A. 10814--A 2 1 SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A 2 CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL 3 PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDE- 4 CESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT, 5 WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF 6 AGE, WHICH IS BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE 7 THE APPLICABLE PERIOD OF LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND 8 ACTION THEREON MAY BE COMMENCED ON OR BEFORE ONE YEAR AFTER THE EFFEC- 9 TIVE DATE OF THIS SECTION. 10 (B) IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS SECTION 11 FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A 12 RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DESCRIBED 13 IN SUBDIVISION (A) OF THIS SECTION, THE COMPLAINT SHALL BE ACCOMPANIED 14 BY A CERTIFICATE OF MERIT AS DESCRIBED IN SUBDIVISION (C) OF THIS 15 SECTION. 16 (C) A CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B) OF THIS 17 SECTION SHALL BE FILED BY THE ATTORNEY FOR THE PLAINTIFF AND SHALL 18 CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN 19 SECTION 9.01 OF THE MENTAL HYGIENE LAW, A PSYCHOLOGIST AS LICENSED 20 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A 21 PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI- 22 VISION ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW, WHO 23 IS KNOWLEDGEABLE IN THE RELEVANT FACTS AND ISSUES INVOLVED IN THE 24 PARTICULAR ACTION, AND STATES IN REASONABLE DETAIL THE FACTS AND OPIN- 25 IONS THAT THE PERSON HAS RELIED UPON FOR CONCLUDING THAT THERE IS A 26 REASONABLE BASIS TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT TO ONE 27 OR MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN SUBDIVISION 28 (A) OF THIS SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY NOT BE A 29 PARTY TO THE LITIGATION. 30 (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE 31 CERTIFICATE SHALL BE FILED FOR EACH ACTION, EVEN IF MORE THAN ONE 32 DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED. 33 S 3. The provisions of this act shall be severable, and if any clause, 34 sentence, paragraph, subdivision or part of this act shall be adjudged 35 by any court of competent jurisdiction to be invalid, such judgment 36 shall not affect, impair, or invalidate the remainder thereof, but shall 37 be confined in its operation to the clause, sentence, paragraph, subdi- 38 vision or part thereof directly involved in the controversy in which 39 such judgment shall have been rendered. 40 S 4. This act shall take effect immediately, provided that section two 41 of this act shall take effect on the sixtieth day after this act shall 42 have become a law.