Bill Text: NY S06434 | 2011-2012 | 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; establishes that incest in the first or second degree 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-five 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; provides that incest or use of a child in a sexual performance committed against a child who was less that eighteen years of age at the time shall be allowed to be commenced seven years after the child reaches the age of twenty-five; eliminates certain notice requirements pertaining to sexual offenses.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2012-02-28 - PRINT NUMBER 6434B [S06434 Detail]
Download: New_York-2011-S06434-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6434--B
I N S E N A T E
February 9, 2012
___________
Introduced by Sens. LANZA, AVELLA -- read twice and ordered printed, and
when printed to be committed to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- 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]
6 INCLUDING a sexual offense delineated in paragraph (a) of subdivision
7 two of this section, committed against a child less than eighteen years
8 of age, incest in the first[,] AND second [or third] degree as defined
9 in sections 255.27[,] AND 255.26 [and 255.25] of the penal law committed
10 against a child less than eighteen years of age, or use of a child in a
11 sexual performance as defined in section 263.05 of the penal law, the
12 period of limitation shall not begin to run until the child has reached
13 the age of [eighteen] TWENTY-FIVE or the offense is reported to a law
14 enforcement agency or statewide central register of child abuse and
15 maltreatment, 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
21 PERSON AGAINST A PERSON WHO HIMSELF OR HERSELF ENGAGED IN ACTS WHICH
22 WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED
23 THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10643-09-2
S. 6434--B 2
1 YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.26 OR 255.27 OF THE PENAL
2 LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE
3 USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF
4 THE PENAL LAW, OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT
5 THE TIME OF THE ACT, WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS
6 THAN EIGHTEEN YEARS OF AGE, FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY
7 OR CONDITION SUFFERED AS A RESULT OF THE ABOVE MENTIONED ACTS, THE TIME
8 WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED TO SEVEN
9 YEARS AFTER THE PERSON REACHES THE AGE OF TWENTY-FIVE YEARS.
10 S 3. The civil practice law and rules is amended by adding a new
11 section 214-f to read as follows:
12 S 214-F. ACTION BY VICTIM OF CONDUCT CONSTITUTING CERTAIN SEXUAL
13 OFFENSES AND NOTICE OF CLAIM AS CONDITION PRECEDENT. THE PROVISIONS OF
14 SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW, SECTION THIR-
15 TY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW AND THE PROVISIONS OF ANY
16 GENERAL, SPECIAL OR LOCAL LAW OR CHARTER REQUIRING AS A CONDITION PRECE-
17 DENT TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING THAT A NOTICE OF
18 A CLAIM BE FILED OR PRESENTED WITHIN A SPECIFIED PERIOD OF TIME AFTER
19 THE CLAIM OR ACTION OR ACTION ACCRUED, SHALL NOT APPLY TO ANY CLAIM MADE
20 AGAINST ANY PERSON WHO HIMSELF OR HERSELF ENGAGED IN ACTS WHICH WOULD
21 CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
22 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
23 INCEST AS DEFINED IN SECTION 255.26 OR 255.27 OF THE PENAL LAW COMMITTED
24 AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD
25 IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW,
26 OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE
27 ACT, WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
28 YEARS OF AGE, FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION
29 SUFFERED AS A RESULT OF SUCH ACTS.
30 S 4. The provisions of this act shall be severable, and if any clause,
31 sentence, paragraph, subdivision or part of this act shall be adjudged
32 by any court of competent jurisdiction to be invalid, such judgment
33 shall not affect, impair, or invalidate the remainder thereof, but shall
34 be confined in its operation to the clause, sentence, paragraph, subdi-
35 vision or part thereof directly involved in the controversy in which
36 such judgment shall have been rendered.
37 S 5. This act shall take effect immediately.
