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.
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.
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.
