S00809 Summary:

BILL NOS00809
 
SAME ASNo Same As
 
SPONSORHOYLMAN
 
COSPNSRSTEWART-COUSINS, ALCANTARA, BAILEY, BENJAMIN, BROOKS, CARLUCCI, COMRIE, DILAN, GIANARIS, KAMINSKY, KENNEDY, KLEIN, KRUEGER, MAYER, MONTGOMERY, PARKER, PERALTA, RIVERA, SANDERS, SAVINO, SERRANO, STAVISKY
 
MLTSPNSR
 
Amd §208, add §214-g, CPLR; amd §30.10, CP L; amd §10, Ct Claims Act; amd §50-i, Gen Muni L
 
Revives civil actions for certain sex offenses committed against a person less than eighteen years of age.
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S00809 Actions:

BILL NOS00809
 
01/05/2017REFERRED TO JUDICIARY
03/02/2017NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
04/20/2017COMMITTEE DISCHARGED AND COMMITTED TO RULES
01/03/2018REFERRED TO JUDICIARY
05/18/2018COMMITTEE DISCHARGED AND COMMITTED TO RULES
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S00809 Committee Votes:

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S00809 Floor Votes:

There are no votes for this bill in this legislative session.
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S00809 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           809
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     January 5, 2017
                                       ___________
 
        Introduced  by  Sens. HOYLMAN, STEWART-COUSINS, CARLUCCI, COMRIE, DILAN,
          GIANARIS,  KAMINSKY,  KENNEDY,  KLEIN,  KRUEGER,  MONTGOMERY,  PARKER,
          PERALTA, PERKINS, RIVERA, SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Judiciary

        AN ACT to amend the civil practice law and rules, the criminal procedure
          law,  the  court  of  claims  act  and  the  general municipal law, 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. The opening paragraph of section 208 of the civil  practice
     2  law and rules is designated subdivision (a) and a new subdivision (b) is
     3  added to read as follows:
     4    (b) Notwithstanding the provisions of subdivision (a) of this section,
     5  with  respect  to  all  civil  claims or causes of action brought by any
     6  person for physical, psychological or other injury or condition suffered
     7  by such person who was eighteen years of age or  less  as  a  result  of
     8  conduct  which  would  constitute a sexual offense as defined in article
     9  one hundred thirty of the penal law committed against  such  person  who
    10  was  less  than  eighteen  years  of  age,  incest as defined in section
    11  255.25, 255.26 or 255.27 of the penal law committed against such  person
    12  who  was less than eighteen years of age, or the use of such person in a
    13  sexual performance as defined in section 263.05 of the penal law,  or  a
    14  predecessor statute that prohibited such conduct at the time of the act,
    15  which  conduct was committed against such person who was less than eigh-
    16  teen years of age, such action may be commenced at any time.
    17    § 2. The civil practice law and rules  is  amended  by  adding  a  new
    18  section 214-g to  read as follows:
    19    §  214-g.  Certain  child  sexual  abuse  cases.   Notwithstanding any
    20  provision of law which imposes a period of limitation to  the  contrary,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05565-02-7

        S. 809                              2
 
     1  every  civil  claim or cause of action brought by a person for physical,
     2  psychological, or other injury or condition  suffered  as  a  result  of
     3  conduct  which  would  constitute a sexual offense as defined in article
     4  one  hundred thirty of the penal law committed against a child less than
     5  eighteen years of age, incest as defined in section  255.25,  255.26  or
     6  255.27  of  the  penal  law committed against a child less than eighteen
     7  years of age, or the use of a child in a sexual performance  as  defined
     8  in  section  263.05  of  the  penal  law,  or a predecessor statute that
     9  prohibited such conduct at the  time  of  the  act,  which  conduct  was
    10  committed  against  a  child  less  than eighteen years of age, which is
    11  barred as of the effective date of this section because  the  applicable
    12  period  of  limitation has expired is hereby revived, and action thereon
    13  may be commenced on or before one year after the effective date of  this
    14  section.
    15    §  3.  Paragraph (f) of subdivision 3 of section 30.10 of the criminal
    16  procedure law, as separately amended by chapters 3 and 320 of  the  laws
    17  of 2006, is amended to read as follows:
    18    (f)  [For  purposes  of a] A prosecution involving a sexual offense as
    19  defined in article one hundred thirty of the penal  law,  other  than  a
    20  sexual  offense  delineated  in paragraph (a) of subdivision two of this
    21  section, committed against a child less  than  eighteen  years  of  age,
    22  incest  in  the  first,  second  or  third degree as defined in sections
    23  255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
    24  less  than eighteen years of age, or use of a child in a sexual perform-
    25  ance as defined in section 263.05 of the penal law[, the period of limi-
    26  tation shall not begin to run until the child has  reached  the  age  of
    27  eighteen  or  the  offense  is  reported  to a law enforcement agency or
    28  statewide central register of child abuse  and  maltreatment,  whichever
    29  occurs earlier] may be commenced at any time.
    30    §  4. Section 10 of the court of claims act is amended by adding a new
    31  subdivision 3-c to read as follows:
    32    3-c. Notwithstanding any other provisions  of  law  to  the  contrary,
    33  including  any  other subdivision of this section, requiring as a condi-
    34  tion precedent to commencement of an action or special proceeding that a
    35  notice of claim be filed or presented, any cause of  action  brought  by
    36  any  person  against  an  officer or employee of the state for physical,
    37  psychological or other injury or condition suffered by such  person  who
    38  was  eighteen  years  of  age or less as a result of conduct which would
    39  constitute a sexual offense as defined in article one hundred thirty  of
    40  the  penal  law committed against such person who was less than eighteen
    41  years of age, incest as defined in section 255.25, 255.26 or  255.27  of
    42  the  penal  law committed against such person who was less than eighteen
    43  years of age, or the use of such  person  in  a  sexual  performance  as
    44  defined  in  section  263.05  of the penal law, or a predecessor statute
    45  that prohibited such conduct at the time of the act, which  conduct  was
    46  committed  against  such person who was less than eighteen years of age,
    47  may be commenced at any time.
    48    § 5. Section 50-i of the general municipal law is amended by adding  a
    49  new subdivision 5 to read as follows:
    50    5.  Notwithstanding  any  other  provisions  of  law  to the contrary,
    51  including any other subdivision of this section, section fifty-e of this
    52  article, section thirty-eight hundred thirteen of the education law, and
    53  the provisions of any general, special or local law or charter requiring
    54  as a condition  precedent  to  commencement  of  an  action  or  special
    55  proceeding  that  a  notice of claim be filed or presented, any cause of
    56  action brought by any person against a city, county, town, village, fire

        S. 809                              3
 
     1  district or school district for physical, psychological or other  injury
     2  or  condition  suffered  by such person who was eighteen years of age or
     3  less as a result of conduct which would constitute a sexual  offense  as
     4  defined in article one hundred thirty of the penal law committed against
     5  such  person  who was less than eighteen years of age, incest as defined
     6  in section 255.25, 255.26 or 255.27 of the penal law  committed  against
     7  such  person who was less than eighteen years of age, or the use of such
     8  person in a sexual performance as defined in section 263.05 of the penal
     9  law, or a predecessor statute that prohibited such conduct at  the  time
    10  of the act, which conduct was committed against such person who was less
    11  than eighteen years of age, may be commenced at any time.
    12    § 6. 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    § 7. This act shall take effect immediately.
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