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.