A05488 Summary:

BILL NO    A05488 

SAME AS    No same as 

SPONSOR    Markey (MS)

COSPNSR    Millman, Brennan, Galef, Glick, Aubry, Pretlow, Jaffee, Latimer,
           Gunther, Englebright, Lancman, Stevenson, Murray, Rosenthal, Hooper,
           Brindisi, Castro, Goldfeder, Paulin, Roberts, Barrett, Hevesi,
           Linares, Simotas

MLTSPNSR   Arroyo, Burling, Clark, Gottfried, Hawley, Jacobs, Magee, McEneny,
           McLaughlin, Nolan, Ramos, Russell, Sweeney, Weisenberg

Amd S3010, CP L; amd S308, add S3012-b, CPLR

Establishes the period of limitation for the prosecution of a sex offense
defined in article 130 of the penal law, incest in the first, second or third
degrees 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 or the penal law,
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 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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A05488 Actions:

BILL NO    A05488 

02/22/2011 referred to codes
01/04/2012 referred to codes
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A05488 Votes:

There are no votes for this bill in this legislative session.
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A05488 Memo:

BILL NUMBER:A5488

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 Prac-
tice Law an4 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 limita-
tion 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 action would have to be
commenced within five years after the child reaches the age of 23 years.
Under current law, the criminal statute of limitations in child sexual
abuse cases in which a victim does not report the crime to law enforce-
ment is not applied until the victim reaches age 18. This bill would add
five years to the statute; so that the five year statute of limitations
in such cases would not begin to run until the victim turned age 23
(extending the time for prosecution until a child victim reached age
28).

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 plain-

tiff 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 a 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 is a savings clause.

Section five 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 chil-
dren, 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 child-
hood 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: A11723/S8053 - June 20, 2006 Passed in the Assembly
A4560/S4614 - June 4, 2007 Passed in the Assembly A4560-B/S4614A - June
11, 2008 Passed in the Assembly

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately
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A05488 Text:

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

                                         5488

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 22, 2011
                                      ___________

       Introduced  by  M.  of A. MARKEY, MILLMAN, BRENNAN, GALEF, GLICK, AUBRY,
         MAYERSOHN, PRETLOW, JAFFEE, LATIMER, GUNTHER, HIKIND,  ENGLEBRIGHT  --
         Multi-Sponsored  by  --  M.  of  A.   CLARK, GOTTFRIED, JACOBS, MAGEE,
         RAMOS, RUSSELL -- 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; 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:
   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.
                                                                  LBD08258-01-1
       A. 5488                             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 WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED TO
   10  FIVE YEARS AFTER THE PERSON REACHES THE AGE OF TWENTY-THREE YEARS.
   11    S 3. The civil practice law and rules  is  amended  by  adding  a  new
   12  section 3012-b to  read as follows:
   13    S  3012-B. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT. (A)
   14  NOTWITHSTANDING ANY PROVISION OF LAW WHICH IMPOSES A PERIOD  OF  LIMITA-
   15  TION  TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY A
   16  PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
   17  SUFFERED  AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE
   18  AS DEFINED IN ARTICLE ONE HUNDRED THIRTY  OF  THE  PENAL  LAW  COMMITTED
   19  AGAINST  A  CHILD  LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN
   20  SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW  COMMITTED  AGAINST  A
   21  CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL
   22  PERFORMANCE  AS  DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDE-
   23  CESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT  THE  TIME  OF  THE  ACT,
   24  WHICH  CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF
   25  AGE, WHICH IS BARRED AS OF THE EFFECTIVE DATE OF  THIS  SECTION  BECAUSE
   26  THE  APPLICABLE  PERIOD OF LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND
   27  ACTION THEREON MAY BE COMMENCED PROVIDED THAT SUCH ACTION  IS  COMMENCED
   28  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   29    (B)  IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS SECTION
   30  FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS  A
   31  RESULT  OF  CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DESCRIBED
   32  IN SUBDIVISION (A) OF THIS SECTION, THE COMPLAINT SHALL  BE  ACCOMPANIED
   33  BY  A  CERTIFICATE  OF  MERIT  AS  DESCRIBED  IN SUBDIVISION (C) OF THIS
   34  SECTION.
   35    (C) A CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B)  OF  THIS
   36  SECTION  SHALL  BE  FILED  BY  THE  ATTORNEY FOR THE PLAINTIFF AND SHALL
   37  CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
   38  SECTION 9.01 OF THE MENTAL  HYGIENE  LAW,  A  PSYCHOLOGIST  AS  LICENSED
   39  PURSUANT  TO  ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A
   40  PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
   41  VISION ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW,  WHO
   42  IS  KNOWLEDGEABLE  IN  THE  RELEVANT  FACTS  AND  ISSUES INVOLVED IN THE
   43  PARTICULAR ACTION, AND STATES IN REASONABLE DETAIL THE FACTS  AND  OPIN-
   44  IONS  THAT  THE  PERSON  HAS  RELIED UPON FOR CONCLUDING THAT THERE IS A
   45  REASONABLE BASIS TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT  TO  ONE
   46  OR  MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN SUBDIVISION
   47  (A) OF THIS SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY  NOT  BE  A
   48  PARTY TO THE LITIGATION.
   49    (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
   50  CERTIFICATE  SHALL  BE  FILED  FOR  EACH  ACTION,  EVEN IF MORE THAN ONE
   51  DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
   52    S 4. The provisions of this act shall be severable, and if any clause,
   53  sentence, paragraph, subdivision or part of this act shall  be  adjudged
   54  by  any  court  of  competent  jurisdiction to be invalid, such judgment
   55  shall not affect, impair, or invalidate the remainder thereof, but shall
   56  be confined in its operation to the clause, sentence, paragraph,  subdi-
       A. 5488                             3

    1  vision  or  part  thereof  directly involved in the controversy in which
    2  such judgment shall have been rendered.
    3    S  5.  This  act  shall take effect immediately, provided that section
    4  three of this act shall take effect on the sixtieth day after  this  act
    5  shall have become a law.
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