New York State Assembly

 
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A05885 Summary:

A05885 Actions:

A05885 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:06/06/2017AYE/NAY:15/7  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Nay
Schimminger
Nay
Giglio
Nay
Weinstein
Aye
McKevitt
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Nay
Cymbrowitz
Aye
Morinello
Nay
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye

Committee:RULES   Chair:Heastie      
DATE:06/07/2017AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Excused
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Aye
Finch
Aye
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Excused
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Excused
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A05885 Floor Votes:

A05885 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5885--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 16, 2017
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL, DINOWITZ, SEPULVEDA, ENGLEBRIGHT,
          GUNTHER, OTIS, JAFFEE, STIRPE, SIMOTAS, GALEF, HOOPER, MOSLEY,  JENNE,
          LIFTON,  BARRETT,  PAULIN,  ARROYO,  WALKER,  WEPRIN, BICHOTTE, SIMON,
          BLAKE, CAHILL, SEAWRIGHT, BARRON, BUCHWALD, BRONSON, BRINDISI, HEVESI,
          HYNDMAN, ORTIZ, NOLAN, SKOUFIS, HARRIS, JONES, CARROLL, RIVERA, GLICK,
          NIOU, DE LA ROSA, PRETLOW, GOTTFRIED, D'URSO, VANEL, HIKIND, TITUS  --
          Multi-Sponsored  by  --  M.  of  A.  PEOPLES-STOKES  --  read once and
          referred to the Committee  on  Codes  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the criminal procedure law, in relation to  the  statute
          of  limitations  in criminal prosecution of a sexual offense committed
          against a child; to  amend  the  civil  practice  law  and  rules,  in
          relation  to the statute of limitations for civil actions related to a
          sexual offense committed against a child, reviving such actions other-
          wise barred by the existing statute of limitations and granting  trial
          preference  to  such  actions;  to amend the general municipal law, in
          relation to providing that the notice of claim  provisions  shall  not
          apply  to  such actions; to amend the court of claims act, in relation
          to providing that the notice of intention to file provisions shall not
          apply to such actions; to amend the  education  law,  in  relation  to
          providing  that the notice of claim provisions shall not apply to such
          actions; and to amend the  judiciary  law,  in  relation  to  judicial
          training  relating  to sexual abuse of minors and rules reviving civil
          actions relating to sexual offenses committed against children
 
          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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10047-03-7
        A. 5885--A                          2
 
     1    (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
     2  defined in article one hundred thirty of the penal  law,  other  than  a
     3  sexual  offense  delineated  in paragraph (a) of subdivision two of this
     4  section, committed against a child less  than  eighteen  years  of  age,
     5  incest  in  the  first,  second  or  third degree as defined in sections
     6  255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
     7  less  than eighteen years of age, or use of a child in a sexual perform-
     8  ance as defined in section 263.05 of the penal law, the period of  limi-
     9  tation  shall  not  begin  to run until the child has reached the age of
    10  [eighteen] twenty-three or the offense is reported to a law  enforcement
    11  agency  or  statewide  central register of child abuse and maltreatment,
    12  whichever occurs earlier.
    13    § 2. The opening paragraph of section 208 of the  civil  practice  law
    14  and  rules  is  designated  subdivision (a) and a new subdivision (b) is
    15  added to read as follows:
    16    (b) Notwithstanding any provision of law which  imposes  a  period  of
    17  limitation  to  the contrary, with respect to all civil claims or causes
    18  of action brought by any person for  physical,  psychological  or  other
    19  injury or condition suffered by such person as a result of conduct which
    20  would  constitute  a  sexual  offense  as defined in article one hundred
    21  thirty of the penal law committed against such person who was less  than
    22  eighteen  years  of  age, incest as defined in section 255.27, 255.26 or
    23  255.25 of the penal law committed against such person who was less  than
    24  eighteen years of age, or the use of such person in a sexual performance
    25  as  defined in section 263.05 of the penal law, or a predecessor statute
    26  that prohibited such conduct at the time of the act, which  conduct  was
    27  committed  against  such person who was less than eighteen years of age,
    28  such action may be commenced, against any  party  whose  intentional  or
    29  negligent  acts or omissions are alleged to have resulted in the commis-
    30  sion of said conduct, on or before the  plaintiff  or  infant  plaintiff
    31  reaches the age of fifty years. In any such claim or action, in addition
    32  to  any  other  defense and affirmative defense that may be available in
    33  accordance with law, rule or the common law, to the extent that the acts
    34  alleged in such action are of the type described in subdivision  one  of
    35  section  130.30 of the penal law or subdivision one of section 130.45 of
    36  the penal law, the affirmative defenses set forth, respectively, in  the
    37  closing paragraph of such section of the penal law shall apply.
    38    §  3.  The  civil  practice  law  and rules is amended by adding a new
    39  section 214-g to read as follows:
    40    §  214-g.  Certain  child  sexual  abuse  cases.  Notwithstanding  any
    41  provision  of  law which imposes a period of limitation to the contrary,
    42  every civil claim or cause of action brought against any party  alleging
    43  intentional  or  negligent  acts  or omissions by a person for physical,
    44  psychological, or other injury or condition  suffered  as  a  result  of
    45  conduct  which  would  constitute a sexual offense as defined in article
    46  one hundred thirty of the penal law committed against a child less  than
    47  eighteen  years  of  age, incest as defined in section 255.27, 255.26 or
    48  255.25 of the penal law committed against a  child  less  than  eighteen
    49  years  of  age, or the use of a child in a sexual performance as defined
    50  in section 263.05 of the  penal  law,  or  a  predecessor  statute  that
    51  prohibited  such  conduct  at  the  time  of  the act, which conduct was
    52  committed against a child less than eighteen  years  of  age,  which  is
    53  barred  as  of the effective date of this section because the applicable
    54  period of limitation has expired is hereby revived, and  action  thereon
    55  may  be  commenced not earlier than six months after, and not later than
    56  one year and six months  after  the  effective  date  of  this  section,
        A. 5885--A                          3
 
     1  subject  to  paragraph two of subdivision (i) of rule thirty-two hundred
     2  eleven of this chapter. In any such claim or action, in addition to  any
     3  other  defense  and affirmative defense that may be available in accord-
     4  ance  with  law,  rule  or  the  common law, to the extent that the acts
     5  alleged in such action are of the type described in subdivision  one  of
     6  section  130.30 of the penal law or subdivision one of section 130.45 of
     7  the penal law, the affirmative defenses set forth, respectively, in  the
     8  closing paragraph of such section of the penal law shall apply.
     9    §  4.  Rule  3211  of  the  civil practice law and rules is amended by
    10  adding a new subdivision (i) to read as follows:
    11    (i) Motions to dismiss and motions to dismiss affirmative defenses  in
    12  certain  actions in which conduct constituting the commission of certain
    13  sexual offenses are alleged. 1. In any action where the plaintiff  seeks
    14  to  revive  an action pursuant to section two hundred fourteen-g of this
    15  chapter after the effective date of this subdivision which had been time
    16  barred, any affirmative defense of laches, delay, or material impairment
    17  in the defense or investigation of the claim  must  be  supported  by  a
    18  certificate  of  merit submitted by a person with knowledge of the facts
    19  setting forth the specific manner in which the defense or  investigation
    20  has  been affected. Said certificate must be filed at or before the time
    21  in which the answer is served, unless otherwise provided by order of the
    22  court.
    23    2. Upon motion by any party, the court shall determine by a preponder-
    24  ance of the evidence, whether defendant has sustained his or her  burden
    25  of  proof  on  any  motion  to  dismiss the action or on any affirmative
    26  defense in which it is alleged that prejudice has been caused to defend-
    27  ant in the investigation or defense of  the  action  directly  resulting
    28  from  a  delay in commencing the action. A defendant shall not be deemed
    29  prejudiced solely on account of the passage of time.
    30    3. Furthermore, in any such action, in addition to any  other  defense
    31  and  affirmative  defense  that may be available in accordance with law,
    32  rule or the common law, to the extent that  the  acts  alleged  in  such
    33  action are of the type described in subdivision one of section 130.30 of
    34  the penal law or subdivision one of section 130.45 of the penal law, the
    35  affirmative  defenses  set forth, respectively, in the closing paragraph
    36  of such section of the penal law shall apply.
    37    § 5. Subdivision (a) of rule 3403 of the civil practice law and  rules
    38  is amended by adding a new paragraph 7 to read as follows:
    39    7.  any  action which has been revived pursuant to section two hundred
    40  fourteen-g of this chapter.
    41    § 6. Subdivision 8 of section 50-e of the general  municipal  law,  as
    42  amended  by  chapter  24  of  the  laws  of  1988, is amended to read as
    43  follows:
    44    8. Inapplicability of section. (a) This section  shall  not  apply  to
    45  claims  arising  under  the provisions of the workers' compensation law,
    46  the volunteer firefighters' benefit  law,  or  the  volunteer  ambulance
    47  workers'  benefit  law or to claims against public corporations by their
    48  own infant wards.
    49    (b) This section shall not apply  to  any  claim  made  for  physical,
    50  psychological,  or  other  injury  or  condition suffered as a result of
    51  conduct which would constitute a sexual offense as  defined  in  article
    52  one  hundred thirty of the penal law committed against a child less than
    53  eighteen years of age, incest as defined in section  255.27,  255.26  or
    54  255.25  of  the  penal  law committed against a child less than eighteen
    55  years of age, or the use of a child in a sexual performance  as  defined
        A. 5885--A                          4
 
     1  in  section  263.05 of the penal law committed against a child less than
     2  eighteen years of age.
     3    §  7. Section 50-i of the general municipal law is amended by adding a
     4  new subdivision 5 to read as follows:
     5    5. Notwithstanding any provision of law to the contrary, this  section
     6  shall not apply to any claim made against a city, county, town, village,
     7  fire  district  or school district for physical, psychological, or other
     8  injury or condition suffered as a result of conduct which would  consti-
     9  tute  a  sexual  offense as defined in article one hundred thirty of the
    10  penal law committed against a child less than  eighteen  years  of  age,
    11  incest  as  defined in section 255.27, 255.26 or 255.25 of the penal law
    12  committed against a child less than eighteen years of age, or the use of
    13  a child in a sexual performance as defined  in  section  263.05  of  the
    14  penal law committed against a child less than eighteen years of age.
    15    §  8. Section 10 of the court of claims act is amended by adding a new
    16  subdivision 10 to read as follows:
    17    10. Notwithstanding any provision of law to the contrary, this section
    18  shall not apply to any claim to recover damages for physical, psycholog-
    19  ical, or other injury or condition suffered as a result of conduct which
    20  would constitute a sexual offense as  defined  in  article  one  hundred
    21  thirty  of  the  penal  law committed against a child less than eighteen
    22  years of age, incest as defined in section 255.27, 255.26 or  255.25  of
    23  the penal law committed against a child less than eighteen years of age,
    24  or  the  use  of  a  child in a sexual performance as defined in section
    25  263.05 of the penal law committed against a  child  less  than  eighteen
    26  years of age.
    27    § 9. Subdivision 2 of section 3813 of the education law, as amended by
    28  chapter 346 of the laws of 1978, is amended to read as follows:
    29    2.  Notwithstanding anything to the contrary hereinbefore contained in
    30  this section, no action or special proceeding founded upon tort shall be
    31  prosecuted or maintained against  any  of  the  parties  named  in  this
    32  section  or against any teacher or member of the supervisory or adminis-
    33  trative staff or employee where the alleged tort was committed  by  such
    34  teacher  or  member  or  employee  acting in the discharge of his duties
    35  within the scope of his employment and/or under  the  direction  of  the
    36  board of education, trustee or trustees, or governing body of the school
    37  unless  a  notice of claim shall have been made and served in compliance
    38  with section fifty-e of the general municipal law.   Every  such  action
    39  shall  be commenced pursuant to the provisions of section fifty-i of the
    40  general municipal law; provided, however, that this  section  shall  not
    41  apply  to  any  claim to recover damages for physical, psychological, or
    42  other injury or condition suffered as a result of  conduct  which  would
    43  constitute  a sexual offense as defined in article one hundred thirty of
    44  the penal law committed against a child less than eighteen years of age,
    45  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
    46  committed against a child less than eighteen years of age, or the use of
    47  a  child  in  a  sexual  performance as defined in section 263.05 of the
    48  penal law committed against a child less than eighteen years of age.
    49    § 10. Section 219-c of the judiciary law, as added by chapter  506  of
    50  the laws of 2011, is amended to read as follows:
    51    §  219-c.  Crimes  involving  sexual  assault  and the sexual abuse of
    52  minors; judicial training. The  office  of  court  administration  shall
    53  provide  training for judges and justices with respect to crimes involv-
    54  ing sexual assault, and the sexual abuse of minors.
    55    § 11. The judiciary law is amended by adding a new  section  219-d  to
    56  read as follows:
        A. 5885--A                          5
 
     1    § 219-d. Rules reviving certain actions; sexual offenses against chil-
     2  dren.   The chief administrator of the courts shall promulgate rules for
     3  the timely adjudication of revived actions brought pursuant  to  section
     4  two hundred fourteen-g of the civil practice law and rules.
     5    §  12.  The  provisions  of  this  act  shall be severable, and if any
     6  clause, sentence, paragraph, subdivision or part of this  act  shall  be
     7  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
     8  judgment shall not affect, impair, or invalidate the remainder  thereof,
     9  but  shall  be  confined in its operation to the clause, sentence, para-
    10  graph, subdivision or part thereof directly involved in the  controversy
    11  in which such judgment shall have been rendered.
    12    §  13. This act shall take effect immediately; except that section ten
    13  of this act shall take effect six  months  after  this  act  shall  have
    14  become  a law; provided, however, that training for cases brought pursu-
    15  ant to section 214-g of the civil practice law and rules,  as  added  by
    16  section  three  of  this act, shall commence three months after this act
    17  shall have become a law; and section  eleven  of  this  act  shall  take
    18  effect three months after this act shall have become a law.