Bill Text: NY S00809 | 2017-2018 | General Assembly | Introduced
Bill Title: Revives civil actions for certain sex offenses committed against a person less than eighteen years of age.
Spectrum: Partisan Bill (Democrat 23-0)
Status: (Introduced - Dead) 2018-05-18 - COMMITTEE DISCHARGED AND COMMITTED TO RULES [S00809 Detail]
Download: New_York-2017-S00809-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 809 2017-2018 Regular Sessions IN SENATE January 5, 2017 ___________ Introduced by Sens. HOYLMAN, STEWART-COUSINS, CARLUCCI, COMRIE, DILAN, GIANARIS, KAMINSKY, KENNEDY, KLEIN, KRUEGER, MONTGOMERY, PARKER, PERALTA, PERKINS, RIVERA, SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, the criminal procedure law, the court of claims act and the general municipal law, 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. The opening paragraph of section 208 of the civil practice 2 law and rules is designated subdivision (a) and a new subdivision (b) is 3 added to read as follows: 4 (b) Notwithstanding the provisions of subdivision (a) of this section, 5 with respect to all civil claims or causes of action brought by any 6 person for physical, psychological or other injury or condition suffered 7 by such person who was eighteen years of age or less as a result of 8 conduct which would constitute a sexual offense as defined in article 9 one hundred thirty of the penal law committed against such person who 10 was less than eighteen years of age, incest as defined in section 11 255.25, 255.26 or 255.27 of the penal law committed against such person 12 who was less than eighteen years of age, or the use of such person in a 13 sexual performance as defined in section 263.05 of the penal law, or a 14 predecessor statute that prohibited such conduct at the time of the act, 15 which conduct was committed against such person who was less than eigh- 16 teen years of age, such action may be commenced at any time. 17 § 2. The civil practice law and rules is amended by adding a new 18 section 214-g to read as follows: 19 § 214-g. Certain child sexual abuse cases. Notwithstanding any 20 provision of law which imposes a period of limitation to the contrary, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05565-02-7S. 809 2 1 every civil claim or cause of action brought by a person for physical, 2 psychological, or other injury or condition suffered as a result of 3 conduct which would constitute a sexual offense as defined in article 4 one hundred thirty of the penal law committed against a child less than 5 eighteen years of age, incest as defined in section 255.25, 255.26 or 6 255.27 of the penal law committed against a child less than eighteen 7 years of age, or the use of a child in a sexual performance as defined 8 in section 263.05 of the penal law, or a predecessor statute that 9 prohibited such conduct at the time of the act, which conduct was 10 committed against a child less than eighteen years of age, which is 11 barred as of the effective date of this section because the applicable 12 period of limitation has expired is hereby revived, and action thereon 13 may be commenced on or before one year after the effective date of this 14 section. 15 § 3. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 16 procedure law, as separately amended by chapters 3 and 320 of the laws 17 of 2006, is amended to read as follows: 18 (f) [For purposes of a] A prosecution involving a sexual offense as 19 defined in article one hundred thirty of the penal law, other than a 20 sexual offense delineated in paragraph (a) of subdivision two of this 21 section, committed against a child less than eighteen years of age, 22 incest in the first, second or third degree as defined in sections 23 255.27, 255.26 and 255.25 of the penal law committed against a child 24 less than eighteen years of age, or use of a child in a sexual perform- 25 ance as defined in section 263.05 of the penal law[, the period of limi-26tation shall not begin to run until the child has reached the age of27eighteen or the offense is reported to a law enforcement agency or28statewide central register of child abuse and maltreatment, whichever29occurs earlier] may be commenced at any time. 30 § 4. Section 10 of the court of claims act is amended by adding a new 31 subdivision 3-c to read as follows: 32 3-c. Notwithstanding any other provisions of law to the contrary, 33 including any other subdivision of this section, requiring as a condi- 34 tion precedent to commencement of an action or special proceeding that a 35 notice of claim be filed or presented, any cause of action brought by 36 any person against an officer or employee of the state for physical, 37 psychological or other injury or condition suffered by such person who 38 was eighteen years of age or less as a result of conduct which would 39 constitute a sexual offense as defined in article one hundred thirty of 40 the penal law committed against such person who was less than eighteen 41 years of age, incest as defined in section 255.25, 255.26 or 255.27 of 42 the penal law committed against such person who was less than eighteen 43 years of age, or the use of such person in a sexual performance as 44 defined in section 263.05 of the penal law, or a predecessor statute 45 that prohibited such conduct at the time of the act, which conduct was 46 committed against such person who was less than eighteen years of age, 47 may be commenced at any time. 48 § 5. Section 50-i of the general municipal law is amended by adding a 49 new subdivision 5 to read as follows: 50 5. Notwithstanding any other provisions of law to the contrary, 51 including any other subdivision of this section, section fifty-e of this 52 article, section thirty-eight hundred thirteen of the education law, and 53 the provisions of any general, special or local law or charter requiring 54 as a condition precedent to commencement of an action or special 55 proceeding that a notice of claim be filed or presented, any cause of 56 action brought by any person against a city, county, town, village, fireS. 809 3 1 district or school district for physical, psychological or other injury 2 or condition suffered by such person who was eighteen years of age or 3 less as a result of conduct which would constitute a sexual offense as 4 defined in article one hundred thirty of the penal law committed against 5 such person who was less than eighteen years of age, incest as defined 6 in section 255.25, 255.26 or 255.27 of the penal law committed against 7 such person who was less than eighteen years of age, or the use of such 8 person in a sexual performance as defined in section 263.05 of the penal 9 law, or a predecessor statute that prohibited such conduct at the time 10 of the act, which conduct was committed against such person who was less 11 than eighteen years of age, may be commenced at any time. 12 § 6. The provisions of this act shall be severable, and if any clause, 13 sentence, paragraph, subdivision or part of this act shall be adjudged 14 by any court of competent jurisdiction to be invalid, such judgment 15 shall not affect, impair, or invalidate the remainder thereof, but shall 16 be confined in its operation to the clause, sentence, paragraph, subdi- 17 vision or part thereof directly involved in the controversy in which 18 such judgment shall have been rendered. 19 § 7. This act shall take effect immediately.