S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                       10814--B
                                 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  -- again reported from said committee with amend-
         ments, 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 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 THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
   20  WITH RESPECT TO ALL CIVIL CLAIMS OR CAUSES  OF  ACTION  BROUGHT  BY  ANY
   21  PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
   22  AS  A  RESULT  OF  CONDUCT  WHICH  WOULD  CONSTITUTE A SEXUAL OFFENSE AS
   23  DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08258-05-2
       A. 10814--B                         2
    1  A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS  DEFINED  IN  SECTION
    2  255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS
    3  THAN  EIGHTEEN  YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORM-
    4  ANCE  AS  DEFINED  IN  SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR
    5  STATUTE THAT PROHIBITED SUCH CONDUCT AT  THE  TIME  OF  THE  ACT,  WHICH
    6  CONDUCT  WAS  COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
    7  SUCH ACTION MAY BE COMMENCED AT ANY TIME.
    8    S 3. The civil practice law and rules  is  amended  by  adding  a  new
    9  section 3012-b to  read as follows:
   10    S  3012-B. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT. (A)
   11  NOTWITHSTANDING ANY PROVISION OF LAW WHICH IMPOSES A PERIOD  OF  LIMITA-
   12  TION  TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY A
   13  PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
   14  SUFFERED  AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE
   15  AS DEFINED IN ARTICLE ONE HUNDRED THIRTY  OF  THE  PENAL  LAW  COMMITTED
   16  AGAINST  A  CHILD  LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN
   17  SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW  COMMITTED  AGAINST  A
   18  CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL
   19  PERFORMANCE  AS  DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDE-
   20  CESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT  THE  TIME  OF  THE  ACT,
   21  WHICH  CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF
   22  AGE, WHICH IS BARRED AS OF THE EFFECTIVE DATE OF  THIS  SECTION  BECAUSE
   23  THE  APPLICABLE  PERIOD OF LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND
   24  ACTION THEREON MAY BE COMMENCED ON OR BEFORE ONE YEAR AFTER  THE  EFFEC-
   25  TIVE DATE OF THIS SECTION.
   26    (B)  IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS SECTION
   27  FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS  A
   28  RESULT  OF  CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DESCRIBED
   29  IN SUBDIVISION (A) OF THIS SECTION, THE COMPLAINT SHALL  BE  ACCOMPANIED
   30  BY  A  CERTIFICATE  OF  MERIT  AS  DESCRIBED  IN SUBDIVISION (C) OF THIS
   31  SECTION.
   32    (C) A CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B)  OF  THIS
   33  SECTION  SHALL  BE  FILED  BY  THE  ATTORNEY FOR THE PLAINTIFF AND SHALL
   34  CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
   35  SECTION 9.01 OF THE MENTAL  HYGIENE  LAW,  A  PSYCHOLOGIST  AS  LICENSED
   36  PURSUANT  TO  ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A
   37  PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
   38  VISION ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW,  WHO
   39  IS  KNOWLEDGEABLE  IN  THE  RELEVANT  FACTS  AND  ISSUES INVOLVED IN THE
   40  PARTICULAR ACTION, AND STATES IN REASONABLE DETAIL THE FACTS  AND  OPIN-
   41  IONS  THAT  THE  PERSON  HAS  RELIED UPON FOR CONCLUDING THAT THERE IS A
   42  REASONABLE BASIS TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT  TO  ONE
   43  OR  MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN SUBDIVISION
   44  (A) OF THIS SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY  NOT  BE  A
   45  PARTY TO THE LITIGATION.
   46    (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
   47  CERTIFICATE  SHALL  BE  FILED  FOR  EACH  ACTION,  EVEN IF MORE THAN ONE
   48  DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
   49    S 4. The provisions of this act shall be severable, and if any clause,
   50  sentence, paragraph, subdivision or part of this act shall  be  adjudged
   51  by  any  court  of  competent  jurisdiction to be invalid, such judgment
   52  shall not affect, impair, or invalidate the remainder thereof, but shall
   53  be confined in its operation to the clause, sentence, paragraph,  subdi-
   54  vision  or  part  thereof  directly involved in the controversy in which
   55  such judgment shall have been rendered.
       A. 10814--B                         3
    1    S 5. This act shall take effect  immediately,  provided  that  section
    2  three  of  this act shall take effect on the sixtieth day after this act
    3  shall have become a law.