Eliminates statute of limitations in criminal and civil actions and revives civil actions for certain sex offenses committed against a child less than eighteen years of age.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1771A
SPONSOR: Markey TITLE OF BILL: An act to amend the criminal procedure law, in
relation to the timeliness 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
PURPOSE:
The bill amends the Criminal Procedure Law and the Civil Practice Law
and Rules to eliminate the statute of limitations for criminal and civil
actions for certain sex offenses committed against a child less than
eighteen years of age.
SUMMARY OF PROVISIONS:
Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the crimi-
nal procedure law, as separately amended by chapters 3 and 320 of the
laws of 2006, is amended to read as follows: (f) A prosecution involving
a sexual offense as defined in article 130 of the penal law, other than
a sexual offense delineated in paragraph (a) of subdivision 2 of this
section, committed against a child less than eighteen years of age,
incest in the first, second or third degree as defined in sections
255.27, 255.26 and 255.25 of the penal law committed against a child
less than 18 years of age, or use of a child in a sexual performance as
defined in section 263.05 of the penal law may be commenced at any time.
Section 2. The opening paragraph of section 208 of the civil practice
law and rules is designated subdivision (a) and a new subdivision (b) is
added to read as follows: Notwithstanding the provisions of subdivision
(a) of this section, with respect to all civil claims or causes of
action brought by any person for physical, psychological or other injury
or condition suffered as a result of conduct which would constitute a
sexual offense as defined in article one hundred thirty of the penal law
committed against a child less than eighteen years of age, incest as
defined in section 255.25, 255.26 or 255.27 of the penal law committed
against a child less than eighteen years of age, or the use of a child
in a sexual performance as defined in section 263.05 of the penal law,
or a predecessor statute that prohibited such conduct at the time of the
act, which conduct was committed against a child less than eighteen
years of age, such action may be commenced at any time.
Section 3. The civil practice law and rules is amended by adding a new
section 3012-c to read as follows: § 3012-c. Certain child sexual abuse
cases; certificate of merit. (a) Notwithstanding any provision of law
which imposes a period of limitation to the contrary, every civil claim
or cause of action brought by a person for physical, psychological, or
other injury or condition suffered as a result of conduct which would
constitute a sexual offense as defined in article 130 of the penal law
committed against a child less than 18 years of age, incest as defined
in section 255.25, 255.26 or 255.27 of the penal law committed against a
child less than 18 years of age, or the use of a child in a sexual
performance as defined in section 263.05 of the penal law, or a prede-
cessor statute that prohibited such conduct at the time of the act,
which conduct was committed against a child less than 18 years of age,
which is barred as of the effective date of this section because the
applicable period of limitation has expired is hereby revived, and
action thereon may be commenced on or before one year after the effec-
tive date of this section.
(b) In any action brought pursuant to subdivision (a) of this section
for physical, psychological, or other injury or condition suffered as a
result of conduct which would constitute a sexual offense as described
in subdivision (a) of this section, the complaint shall be accompanied
by a certificate of merit as described in subdivision (c) of this
section.
(c) A certificate of merit filed pursuant to subdivision (h) of this
section shall be filed by the attorney for the plaintiff and shall
contain a notarized statement by a qualified psychiatrist, as defined in
section 9.01 of the mental hygiene law, a psychologist as licensed
pursuant to article 153 of the education law, or a person in the prac-
tice of mental health counseling, as defined in subdivision 1 of section
eighty-four hundred two of the education law, who is knowledgeable in
the relevant facts and issues involved in the particular action, and
states in reasonable detail the facts and opinions that the person has
relied upon for concluding that there is-a reasonable basis to believe
that the plaintiff has been subject to one or more acts of child sexual
abuse of the type described in subdivision (a) of this section. The
person providing such statement may not be a party to the litigation.
(d) Where a certificate is required pursuant to this section, a single
certificate shall be filed for each action, even if more than one
defendant has been named in the complaint or is subsequently named.
Section 4. Saving Clause.
Section 5. Effective date.
JUSTIFICATION:
The Syracuse University, Penn State University, and the Horace Mann
school scandals have shown us that now more than ever we need to change
how we view the statute of limitations in cases of child sexual abuse.
Sex crimes, particularly those committed against children, are among the
most heinous and deeply disturbing in our society. They are crimes that
leave life-long scars, multiple victims and require an all encompassing
strategy to combat. Victims of childhood sexual abuse do not come to
terms with their abuse until well into adulthood. Under current law they
have no recourse. By eliminating the statute of limitations on childhood
sexual abuse cases victims can bring their claims regardless of whether
or not DNA evidence is available.
By eliminating the statute of limitations in childhood sexual abuse
cases, victims of these horrific crimes will get their day in court and
be able to seek the justice they have been denied.
LEGISLATIVE HISTORY:
A10814B of 2012
FISCAL IMPLICATIONS:
To be determined
LOCAL FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
Immediately, provided that section three of this act shall take effect
on the sixtieth day after this act shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
1771--A
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. MARKEY, WEISENBERG, SEPULVEDA, MILLER, ENGLE-
BRIGHT, GUNTHER, BRINDISI, ROBERTS, OTIS, JAFFEE, ROBINSON, STIRPE,
AUBRY, KEARNS, SIMOTAS, CLARK, GALEF, HOOPER, MOSLEY, RUSSELL, ROSEN-
THAL, LIFTON, BARRETT, LALOR, NOJAY -- Multi-Sponsored by -- M. of A.
ARROYO, BLANKENBUSH, BRENNAN, CERETTO, COOK, CROUCH, FAHY, GLICK,
GOLDFEDER, GRAF, HAWLEY, HEVESI, KATZ, P. LOPEZ, MAGEE, McDONOUGH,
MILLMAN, ORTIZ, PRETLOW, RIVERA, SWEENEY, TENNEY -- read once and
referred to the Committee on Codes -- recommitted to the Committee on
Codes in accordance with Assembly Rule 3, sec. 2 -- 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] 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05811-03-4
A. 1771--A 2
1 statewide central register of child abuse and maltreatment, whichever
2 occurs earlier] may be commenced at any time.
3 § 2. The opening paragraph of section 208 of the civil practice law
4 and rules is designated subdivision (a) and a new subdivision (b) is
5 added to read as follows:
6 (b) Notwithstanding the provisions of subdivision (a) of this section,
7 with respect to all civil claims or causes of action brought by any
8 person for physical, psychological or other injury or condition suffered
9 as a result of conduct which would constitute a sexual offense as
10 defined in article one hundred thirty of the penal law committed against
11 a child less than eighteen years of age, incest as defined in section
12 255.25, 255.26 or 255.27 of the penal law committed against a child less
13 than eighteen years of age, or the use of a child in a sexual perform-
14 ance as defined in section 263.05 of the penal law, or a predecessor
15 statute that prohibited such conduct at the time of the act, which
16 conduct was committed against a child less than eighteen years of age,
17 such action may be commenced at any time.
18 § 3. The civil practice law and rules is amended by adding a new
19 section 3012-c to read as follows:
20 § 3012-c. Certain child sexual abuse cases; certificate of merit. (a)
21 Notwithstanding any provision of law which imposes a period of limita-
22 tion to the contrary, every civil claim or cause of action brought by a
23 person for physical, psychological, or other injury or condition
24 suffered as a result of conduct which would constitute a sexual offense
25 as defined in article one hundred thirty of the penal law committed
26 against a child less than eighteen years of age, incest as defined in
27 section 255.25, 255.26 or 255.27 of the penal law committed against a
28 child less than eighteen years of age, or the use of a child in a sexual
29 performance as defined in section 263.05 of the penal law, or a prede-
30 cessor statute that prohibited such conduct at the time of the act,
31 which conduct was committed against a child less than eighteen years of
32 age, which is barred as of the effective date of this section because
33 the applicable period of limitation has expired is hereby revived, and
34 action thereon may be commenced on or before one year after the effec-
35 tive date of this section.
36 (b) In any action brought pursuant to subdivision (a) of this section
37 for physical, psychological, or other injury or condition suffered as a
38 result of conduct which would constitute a sexual offense as described
39 in subdivision (a) of this section, the complaint shall be accompanied
40 by a certificate of merit as described in subdivision (c) of this
41 section.
42 (c) A certificate of merit filed pursuant to subdivision (b) of this
43 section shall be filed by the attorney for the plaintiff and shall
44 contain a notarized statement by a qualified psychiatrist, as defined in
45 section 9.01 of the mental hygiene law, a psychologist as licensed
46 pursuant to article one hundred fifty-three of the education law, or a
47 person in the practice of mental health counseling, as defined in subdi-
48 vision one of section eighty-four hundred two of the education law, who
49 is knowledgeable in the relevant facts and issues involved in the
50 particular action, and states in reasonable detail the facts and opin-
51 ions that the person has relied upon for concluding that there is a
52 reasonable basis to believe that the plaintiff has been subject to one
53 or more acts of child sexual abuse of the type described in subdivision
54 (a) of this section. The person providing such statement may not be a
55 party to the litigation.
A. 1771--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 § 4. The provisions of this act shall be severable, and if any clause,
5 sentence, paragraph, subdivision or part of this act shall be adjudged
6 by any court of competent jurisdiction to be invalid, such judgment
7 shall not affect, impair, or invalidate the remainder thereof, but shall
8 be confined in its operation to the clause, sentence, paragraph, subdi-
9 vision or part thereof directly involved in the controversy in which
10 such judgment shall have been rendered.
11 § 5. This act shall take effect immediately, provided that section
12 three of this act shall take effect on the sixtieth day after this act
13 shall have become a law.
