Bill Text: NY S05893 | 2009-2010 | General Assembly | Amended
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 11-0)
Status: (Introduced - Dead) 2010-06-02 - CONSIDERED BY COMMITTEE - DEFEATED [S05893 Detail]
Download: New_York-2009-S05893-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5893--A
2009-2010 Regular Sessions
I N S E N A T E
June 18, 2009
___________
Introduced by Sens. HASSELL-THOMPSON, ESPADA, HUNTLEY, KRUEGER, MONTGOM-
ERY, OPPENHEIMER, PARKER, SAMPSON, SCHNEIDERMAN -- read twice and
ordered printed, and when printed to be committed to the Committee on
Rules -- recommitted to the Committee on Codes in accordance with
Senate Rule 6, sec. 8 -- 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 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05380-15-0
S. 5893--A 2
1 (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
2 WITH RESPECT TO ALL CIVIL CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
3 PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
4 AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS
5 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
6 A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION
7 255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS
8 THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORM-
9 ANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR
10 STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE ACT, WHICH
11 CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
12 THE TIME WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED TO
13 FIVE YEARS AFTER THE PERSON REACHES THE AGE OF TWENTY-THREE YEARS.
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 (A-1) ANY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT PURSUANT TO SUBDIVI-
33 SION (A) OF THIS SECTION MAY ONLY BE COMMENCED FOR CONDUCT COMMITTED
34 AGAINST SUCH CHILD FORTY YEARS OR LESS BEFORE THE EFFECTIVE DATE OF THIS
35 SECTION OR COMMENCED WITHIN FORTY YEARS OF SUCH CHILD REACHING THE AGE
36 OF EIGHTEEN YEARS.
37 (B) IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS SECTION
38 FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A
39 RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DESCRIBED
40 IN SUBDIVISION (A) OF THIS SECTION, THE COMPLAINT SHALL BE ACCOMPANIED
41 BY A CERTIFICATE OF MERIT AS DESCRIBED IN SUBDIVISION (C) OF THIS
42 SECTION.
43 (C) A CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B) OF THIS
44 SECTION SHALL BE FILED BY THE ATTORNEY FOR THE PLAINTIFF AND SHALL
45 CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
46 SECTION 9.01 OF THE MENTAL HYGIENE LAW, A PSYCHOLOGIST AS LICENSED
47 PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A
48 PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
49 VISION ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW, WHO
50 IS KNOWLEDGEABLE IN THE RELEVANT FACTS AND ISSUES INVOLVED IN THE
51 PARTICULAR ACTION, AND STATES IN REASONABLE DETAIL THE FACTS AND OPIN-
52 IONS THAT THE PERSON HAS RELIED UPON FOR CONCLUDING THAT THERE IS A
53 REASONABLE BASIS TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT TO ONE
54 OR MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN SUBDIVISION
55 (A) OF THIS SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY NOT BE A
56 PARTY TO THE LITIGATION.
S. 5893--A 3
1 (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
2 CERTIFICATE SHALL BE FILED FOR EACH ACTION, EVEN IF MORE THAN ONE
3 DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
4 S 4. The civil practice law and rules is amended by adding a new
5 section 214-f to read as follows:
6 S 214-F. ACTION BY VICTIM OF CONDUCT CONSTITUTING CERTAIN SEXUAL
7 OFFENSES AND NOTICE OF CLAIM AS CONDITION PRECEDENT. SECTIONS FIFTY-E
8 AND FIFTY-I OF THE GENERAL MUNICIPAL LAW, SECTION THIRTY-EIGHT HUNDRED
9 THIRTEEN OF THE EDUCATION LAW AND THE PROVISIONS OF ANY GENERAL, SPECIAL
10 OR LOCAL LAW OR CHARTER REQUIRING AS A CONDITION PRECEDENT TO COMMENCE-
11 MENT OF AN ACTION OR SPECIAL PROCEEDING THAT A NOTICE OF A CLAIM BE
12 FILED OR PRESENTED WITHIN A SPECIFIED PERIOD OF TIME AFTER THE CLAIM OR
13 ACTION OR ACTION ACCRUED, SHALL NOT APPLY TO ANY CLAIM MADE FOR PHYS-
14 ICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT
15 OF CONDUCT OF A DEFENDANT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS
16 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
17 A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION
18 255.25, 255.26, OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD
19 LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL
20 PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW COMMITTED
21 AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
22 S 5. The provisions of this act shall be severable, and if any clause,
23 sentence, paragraph, subdivision or part of this act shall be adjudged
24 by any court of competent jurisdiction to be invalid, such judgment
25 shall not affect, impair, or invalidate the remainder thereof, but shall
26 be confined in its operation to the clause, sentence, paragraph, subdi-
27 vision or part thereof directly involved in the controversy in which
28 such judgment shall have been rendered.
29 S 6. This act shall take effect immediately.
