A03816 Summary:

BILL NO    A03816 

SAME AS    SAME AS S00836

SPONSOR    Miller

COSPNSR    

MLTSPNSR   

Amd S30.10, CP L; amd S208, add S3012-b, CPLR; amd S50-i, Gen Muni L

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.
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A03816 Actions:

BILL NO    A03816 

01/29/2013 referred to codes
01/08/2014 referred to codes
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A03816 Votes:

There are no votes for this bill in this legislative session.
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A03816 Memo:

BILL NUMBER:A3816

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the timeliness 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 general municipal law, in
relation to claims against a city, county, town, village, fire district
or school district

PURPOSE:
The bill amends the criminal Procedure Law and the civil Practice Law
and Rules to extend the statute of limitations for criminal and civil
actions for sex offenses under article one hundred thirty of the
Penal Law committed against a child less than eighteen years of age,
for incest against a child less then eighteen years of age or the use
of a child in a sexual performance.

SUMMARY OF PROVISIONS:
Section one of the bill amends the Criminal Procedure Law to increase
the criminal statute of limitation for the prosecution of certain sex
offenses committed against a child under the age of eighteen, for
incest against a child less then eighteen years of age or the use of
a child in a sexual performance. The period of limitation would not
begin to run until the child reaches the age of 23 years or the
offense is reported to a law enforcement agency or the statewide
central register of child abuse and maltreatment.

Section two of the bill would extend the civil statute of limitation
for causes of action to remedy injuries or conditions 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. Such an
action must be commenced when one knows or should have known that the
criminal act cause injury within three years of the discovery of the
injury.

Section three of the bill would revive expired civil causes of action
based on 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.. Persons for whom the
right to bring a civil action has been foreclosed because of the

current civil statute of limitations bar would be given a one-year
"window period" from the date of enactment of the bill, regardless of
their age, in which to bring an action to recover damages for any
past instance of child sexual abuse. Prior to the commencement of
the action, the plaintiff must obtain a certificate of merit by a
mental health expert that states in reasonable detail the facts and
opinions relied upon for concluding that the plaintiff was 3 victim
of sexual abuse. The complaint shall be accompanied by a certificate
of merit as described in subdivision (c) of this section.
Section four of the bill states that the notice of claim provisions
for a city, county, town, village, fire district or school district
outlined in Section 50 of the general municipal law will not apply to
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.

Section 5 of the bill is a savings clause.

Section six of the bill is the effective date. The bill would take
effect immediately but section three which revives expired claims
would take effect 60 days after becoming law.

JUSTIFICATION:
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. This proposal would extend the
authority to prosecute and to bring a civil lawsuit for damages in
child sexual abuse cases in three significant ways, regardless of
whether or not DNA evidence is available. This bill will provide a
remedy for those whose lives have been unalterably changed by the
horror of childhood sexual abuse. Victims of these horrific crimes
will get their day in court and be able to seek the justice they have
been denied.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, with provisions.
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A03816 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3816

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 29, 2013
                                      ___________

       Introduced by M. of A. MILLER -- read once and referred 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
   21  PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04272-01-3
       A. 3816                             2

    1  AS A RESULT OF CONDUCT  WHICH  WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS
    2  DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
    3  A  CHILD  LESS  THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION
    4  255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS
    5  THAN  EIGHTEEN  YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORM-
    6  ANCE AS DEFINED IN SECTION 263.05 OF THE PENAL  LAW,  OR  A  PREDECESSOR
    7  STATUTE  THAT  PROHIBITED  SUCH  CONDUCT  AT  THE TIME OF THE ACT, WHICH
    8  CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS  OF  AGE,
    9  THE  TIME  WHICH THE ACTION MUST BE COMMENCED SHALL BE WHEN ONE KNOWS OR
   10  REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED CRIMINAL ACT  AND  KNOWS  OR
   11  SHOULD HAVE KNOWN THAT THE CRIMINAL ACT CAUSED INJURY WITHIN THREE YEARS
   12  OF THE DISCOVERY OF THE INJURY.
   13    S  3.  The  civil  practice  law  and rules is amended by adding a new
   14  section 3012-b to  read as follows:
   15    S 3012-B. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT.  (A)
   16  NOTWITHSTANDING  ANY  PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITA-
   17  TION TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY  A
   18  PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
   19  SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL  OFFENSE
   20  AS  DEFINED  IN  ARTICLE  ONE  HUNDRED THIRTY OF THE PENAL LAW COMMITTED
   21  AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST  AS  DEFINED  IN
   22  SECTION  255.25,  255.26  OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A
   23  CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL
   24  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR  A  PREDE-
   25  CESSOR  STATUTE  THAT  PROHIBITED  SUCH  CONDUCT AT THE TIME OF THE ACT,
   26  WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS  OF
   27  AGE,  WHICH  IS  BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE
   28  THE APPLICABLE PERIOD OF LIMITATION HAS EXPIRED IS HEREBY  REVIVED,  AND
   29  ACTION  THEREON  MAY BE COMMENCED PROVIDED THAT SUCH ACTION IS COMMENCED
   30  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   31    (B) IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS  SECTION
   32  FOR  PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A
   33  RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE  AS  DESCRIBED
   34  IN  SUBDIVISION  (A) OF THIS SECTION, THE COMPLAINT SHALL BE ACCOMPANIED
   35  BY A CERTIFICATE OF MERIT  AS  DESCRIBED  IN  SUBDIVISION  (C)  OF  THIS
   36  SECTION.
   37    (C)  A  CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B) OF THIS
   38  SECTION SHALL BE FILED BY THE  ATTORNEY  FOR  THE  PLAINTIFF  AND  SHALL
   39  CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
   40  SECTION  9.01  OF  THE  MENTAL  HYGIENE  LAW, A PSYCHOLOGIST AS LICENSED
   41  PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW,  OR  A
   42  PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
   43  VISION  ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW, WHO
   44  IS KNOWLEDGEABLE IN THE  RELEVANT  FACTS  AND  ISSUES  INVOLVED  IN  THE
   45  PARTICULAR  ACTION,  AND STATES IN REASONABLE DETAIL THE FACTS AND OPIN-
   46  IONS THAT THE PERSON HAS RELIED UPON FOR  CONCLUDING  THAT  THERE  IS  A
   47  REASONABLE  BASIS  TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT TO ONE
   48  OR MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN  SUBDIVISION
   49  (A)  OF  THIS  SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY NOT BE A
   50  PARTY TO THE LITIGATION.
   51    (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
   52  CERTIFICATE SHALL BE FILED FOR  EACH  ACTION,  EVEN  IF  MORE  THAN  ONE
   53  DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
   54    S  4. Section 50-i of the general municipal law is amended by adding a
   55  new subdivision 5 to read as follows:
       A. 3816                             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.
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