Bill Text: NY S00836 | 2013-2014 | General Assembly | Introduced
Bill Title: Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law, incest or use of a child in a sexual performance committed against a person less than eighteen years of age shall not begin to run until the person has reached the age of twenty-three or the offense is reported to law enforcement or the statewide central register of child abuse and maltreatment, whichever occurs earlier; allows civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered as a result of conduct that is a sex offense as defined in article 130 of the penal law, incest or use of a child in a sexual performance committed against a child who was less than eighteen years of age at the time shall be allowed to be commenced five years after the child reaches the age of twenty-three; revives for 1 year, any such civil claim or cause of action which was barred because the applicable statute of limitations expired.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S00836 Detail]
Download: New_York-2013-S00836-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
836
2013-2014 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2013
___________
Introduced by Sen. ESPAILLAT -- read twice and ordered printed, and when
printed to be committed 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; to amend the civil
practice law and rules, in relation to the timeliness for commencing
certain civil actions related to sex offenses; and to amend the gener-
al municipal law, in relation to claims against a city, county, town,
village, fire district or school district
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 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] TWENTY-THREE or the offense is reported to a law enforcement
14 agency or statewide central register of child abuse and maltreatment,
15 whichever occurs earlier.
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04272-01-3
S. 836 2
1 PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
2 AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS
3 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
4 A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION
5 255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS
6 THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORM-
7 ANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR
8 STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT, WHICH
9 CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
10 THE TIME WHICH THE ACTION MUST BE COMMENCED SHALL BE WHEN ONE KNOWS OR
11 REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED CRIMINAL ACT AND KNOWS OR
12 SHOULD HAVE KNOWN THAT THE CRIMINAL ACT CAUSED INJURY WITHIN THREE YEARS
13 OF THE DISCOVERY OF THE INJURY.
14 S 3. The civil practice law and rules is amended by adding a new
15 section 3012-b to read as follows:
16 S 3012-B. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT. (A)
17 NOTWITHSTANDING ANY PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITA-
18 TION TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY A
19 PERSON FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION
20 SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE
21 AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED
22 AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN
23 SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A
24 CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL
25 PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDE-
26 CESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT,
27 WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF
28 AGE, WHICH IS BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE
29 THE APPLICABLE PERIOD OF LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND
30 ACTION THEREON MAY BE COMMENCED PROVIDED THAT SUCH ACTION IS COMMENCED
31 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
32 (B) IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS SECTION
33 FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A
34 RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DESCRIBED
35 IN SUBDIVISION (A) OF THIS SECTION, THE COMPLAINT SHALL BE ACCOMPANIED
36 BY A CERTIFICATE OF MERIT AS DESCRIBED IN SUBDIVISION (C) OF THIS
37 SECTION.
38 (C) A CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B) OF THIS
39 SECTION SHALL BE FILED BY THE ATTORNEY FOR THE PLAINTIFF AND SHALL
40 CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
41 SECTION 9.01 OF THE MENTAL HYGIENE LAW, A PSYCHOLOGIST AS LICENSED
42 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A
43 PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
44 VISION ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW, WHO
45 IS KNOWLEDGEABLE IN THE RELEVANT FACTS AND ISSUES INVOLVED IN THE
46 PARTICULAR ACTION, AND STATES IN REASONABLE DETAIL THE FACTS AND OPIN-
47 IONS THAT THE PERSON HAS RELIED UPON FOR CONCLUDING THAT THERE IS A
48 REASONABLE BASIS TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT TO ONE
49 OR MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN SUBDIVISION
50 (A) OF THIS SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY NOT BE A
51 PARTY TO THE LITIGATION.
52 (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
53 CERTIFICATE SHALL BE FILED FOR EACH ACTION, EVEN IF MORE THAN ONE
54 DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
55 S 4. Section 50-i of the general municipal law is amended by adding a
56 new subdivision 5 to read as follows:
S. 836 3
1 5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
2 SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
3 FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
4 INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A DEFENDANT WHICH
5 WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED
6 THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
7 YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.25, 255.26, OR 255.27 OF
8 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
9 OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
10 263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
11 YEARS OF AGE.
12 S 5. 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 S 6. This act shall take effect immediately, provided that section
20 three of this act shall take effect on the sixtieth day after this act
21 shall have become a law.
