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

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-Amended.html

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                           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.