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A06150 Summary:

BILL NOA06150
 
SAME ASSAME AS S04809
 
SPONSORCusick
 
COSPNSRColton, Fitzpatrick, Gunther, Titone, Brindisi, Giglio, McDonald
 
MLTSPNSRAbbate, Cook, Crouch, Graf, Raia, Thiele
 
Amd 30.10, CP L; amd 208, CPLR; amd 50-e & 50-i, Gen Muni L; amd 10, Ct Claims Act; amd 3813, Ed L
 
Relates to the timeliness of prosecution or commencing certain civil actions related to certain sex offenses; makes the period of limitations begin to run at age 23 instead of age 18 for certain sex offenses against a child less than eighteen years of age.
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A06150 Actions:

BILL NOA06150
 
02/27/2017referred to codes
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A06150 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6150
 
SPONSOR: Cusick (MS)
  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, the general municipal law, the court of claims act and the education law, in relation to the timeliness for commencing certain civil actions related to sex offenses   PURPOSE OR GENERAL IDEA OF BILL: To extend the statute of limitations for certain sex crimes committed against minors and amend the law to provide an equal opportunity for all victims to bring a claim within the extended statute of limitations period.   SUMMARY OF SPECIFIC PROVISIONS: 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 eigh- teen years of age shall not begin to run until the person has reached the age of twenty 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; amends the general municipal law to exclude sex offenses defined in article 130 of the penal law, incest or use of a child in a sexual performance committed against a person less than eigh- teen years of age from notice of claim requirements; liability for sex offenses defined in article 130 of the penal law, incest or use of a child in a sexual performance committed against a person less than eigh- teen years of age.   JUSTIFICATION: Provides victims of certain sexual abuse crimes with greater opportunity to seek redress for crimes committed against them and does not discrimi- nate between classes of victims.   PRIOR LEGISLATIVE HISTORY: 2015-2016: A.5418 - Referred to Codes/S.3933 - Referred to Codes 2014-2013: A.575 - Died in Codes/S.4968 - Died in Codes; 2012: A.8604 - Died in Codes/S.6477 - Died in Codes: 2011: A.8064 - Died in Codes; 2010 A.5708-A (Lopez) Referred to Codes / S.3107-A (Kruger) Referred to Codes; 2009 A.5708-A (Lopez) advanced to Third Reading/ S.3107-A (Kruger) Referred to Codes.   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall effect immediately.
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A06150 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6150
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 27, 2017
                                       ___________
 
        Introduced  by  M.  of  A. CUSICK, COLTON, FITZPATRICK, GUNTHER, TITONE,
          SIMANOWITZ, BRINDISI, GIGLIO, McDONALD -- Multi-Sponsored by -- M.  of
          A.  ABBATE,  COOK,  CROUCH, GRAF, LOPEZ, RAIA, THIELE -- 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, the general municipal law, the court of claims
          act and the education law, in relation to the timeliness for  commenc-
          ing 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    §  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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00296-01-7

        A. 6150                             2
 
     1  person for physical, psychological or other injury or condition suffered
     2  as a result of conduct of a defendant which would  constitute  a  sexual
     3  offense  as  defined  in  article  one  hundred  thirty of the penal law
     4  committed  against  a  child  less than eighteen years of age, incest as
     5  defined in section 255.25, 255.26 or 255.27 of the penal  law  committed
     6  against  a  child less than eighteen years of age, or the use of a child
     7  in a sexual performance as defined in section 263.05 of the  penal  law,
     8  or a predecessor statute that prohibited such conduct at the time of the
     9  act,  which  conduct  was  committed  against a child less than eighteen
    10  years of age, the time within which the action must be  commenced  shall
    11  be  extended  to  five years after the person reaches the age of twenty-
    12  three years.
    13    § 3. Subdivision 8 of section 50-e of the general  municipal  law,  as
    14  amended  by  chapter  24  of  the  laws  of  1988, is amended to read as
    15  follows:
    16    8. Inapplicability of section. (a) This section  shall  not  apply  to
    17  claims  arising  under  the provisions of the workers' compensation law,
    18  the volunteer firefighters' benefit  law,  or  the  volunteer  ambulance
    19  workers'  benefit  law or to claims against public corporations by their
    20  own infant wards.
    21    (b) This section shall not apply  to  any  claim  made  for  physical,
    22  psychological,  or  other  injury  or  condition suffered as a result of
    23  conduct of a defendant  which  would  constitute  a  sexual  offense  as
    24  defined in article one hundred thirty of the penal law committed against
    25  a  child  less  than eighteen years of age, incest as defined in section
    26  255.25, 255.26 or 255.27 of the penal law committed against a child less
    27  than eighteen years of age, or the use of a child in a  sexual  perform-
    28  ance  as  defined in section 263.05 of the penal law committed against a
    29  child less than eighteen years of age.
    30    § 4. Section 50-i of the general municipal law is amended by adding  a
    31  new subdivision 5 to read as follows:
    32    5.  Notwithstanding any provision of law to the contrary, this section
    33  shall not apply to any claim made against a city, county, town, village,
    34  fire district or school district for physical, psychological,  or  other
    35  injury or condition suffered as a result of conduct of a defendant which
    36  would  constitute  a  sexual  offense  as defined in article one hundred
    37  thirty of the penal law committed against a  child  less  than  eighteen
    38  years  of  age, incest as defined in section 255.25, 255.26 or 255.27 of
    39  the penal law committed against a child less than eighteen years of age,
    40  or the use of a child in a sexual  performance  as  defined  in  section
    41  263.05  of  the  penal  law committed against a child less than eighteen
    42  years of age.
    43    § 5. Section 10 of the court of claims act is amended by adding a  new
    44  subdivision 10 to read as follows:
    45    10. Notwithstanding any provision of law to the contrary, this section
    46  shall not apply to any claim to recover damages for physical, psycholog-
    47  ical,  or other injury or condition suffered as a result of conduct of a
    48  defendant which would constitute a sexual offense as defined in  article
    49  one  hundred thirty of the penal law committed against a child less than
    50  eighteen years of age, incest as defined in section  255.25,  255.26  or
    51  255.27  of  the  penal  law committed against a child less than eighteen
    52  years of age, or the use of a child in a sexual performance  as  defined
    53  in  section  263.05 of the penal law committed against a child less than
    54  eighteen years of age.
    55    § 6. Subdivision 2 of section 3813 of the education law, as amended by
    56  chapter 346 of the laws of 1978, is amended to read as follows:

        A. 6150                             3
 
     1    2. Notwithstanding anything to the contrary hereinbefore contained  in
     2  this section, no action or special proceeding founded upon tort shall be
     3  prosecuted  or  maintained  against  any  of  the  parties named in this
     4  section or against any teacher or member of the supervisory or  adminis-
     5  trative  staff  or employee where the alleged tort was committed by such
     6  teacher or member or employee acting in  the  discharge  of  his  duties
     7  within  the  scope  of  his employment and/or under the direction of the
     8  board of education, trustee or trustees, or governing body of the school
     9  unless a notice of claim shall have been made and served  in  compliance
    10  with  section  fifty-e  of the general municipal law.  Every such action
    11  shall be commenced pursuant to the provisions of section fifty-i of  the
    12  general  municipal  law,  provided, however, that this section shall not
    13  apply to any claim to recover damages for  physical,  psychological,  or
    14  other injury or condition suffered as a result of conduct of a defendant
    15  which  would  constitute  a  sexual  offense  as  defined in article one
    16  hundred thirty of the penal law committed  against  a  child  less  than
    17  eighteen  years  of  age, incest as defined in section 255.25, 255.26 or
    18  255.27 of the penal law committed against a  child  less  than  eighteen
    19  years  of  age, or the use of a child in a sexual performance as defined
    20  in section 263.05 of the penal law committed against a child  less  than
    21  eighteen years of age.
    22    §  7.    The  provisions  of  this  act shall be severable, and if any
    23  clause, sentence, paragraph, subdivision or part of this  act  shall  be
    24  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
    25  judgment shall not affect, impair, or invalidate the remainder  thereof,
    26  but  shall  be  confined in its operation to the clause, sentence, para-
    27  graph, subdivision or part thereof directly involved in the  controversy
    28  in which such judgment shall have been rendered.
    29    § 8. This act shall take effect immediately.
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