S03933 Summary:

BILL NOS03933
 
SAME ASSAME AS A05418
 
SPONSORLANZA
 
COSPNSRGALLIVAN, GRIFFO, ORTT, YOUNG
 
MLTSPNSR
 
Amd S30.10, CP L; amd S208, CPLR; amd SS50-e & 50-i, Gen Muni L; amd S10, Ct Claims Act; amd S3813, 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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S03933 Actions:

BILL NOS03933
 
02/23/2015REFERRED TO CODES
01/06/2016REFERRED TO CODES
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S03933 Committee Votes:

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S03933 Floor Votes:

There are no votes for this bill in this legislative session.
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S03933 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3933
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                    February 23, 2015
                                       ___________
 
        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed 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
    21  person for physical, psychological or other injury or condition suffered
    22  as a result of conduct of a defendant which would  constitute  a  sexual
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01644-01-5

        S. 3933                             2
 
     1  offense  as  defined  in  article  one  hundred  thirty of the penal law
     2  committed against a child less than eighteen years  of  age,  incest  as
     3  defined  in  section 255.25, 255.26 or 255.27 of the penal law committed
     4  against  a  child less than eighteen years of age, or the use of a child
     5  in a sexual performance as defined in section 263.05 of the  penal  law,
     6  or a predecessor statute that prohibited such conduct at the time of the
     7  act,  which  conduct  was  committed  against a child less than eighteen
     8  years of age, the time within which the action must be  commenced  shall
     9  be  extended  to  five years after the person reaches the age of twenty-
    10  three years.
    11    § 3. Subdivision 8 of section 50-e of the general  municipal  law,  as
    12  amended  by  chapter  24  of  the  laws  of  1988, is amended to read as
    13  follows:
    14    8. Inapplicability of section. (a) This section  shall  not  apply  to
    15  claims  arising  under  the provisions of the workers' compensation law,
    16  the volunteer firefighters' benefit  law,  or  the  volunteer  ambulance
    17  workers'  benefit  law or to claims against public corporations by their
    18  own infant wards.
    19    (b) This section shall not apply  to  any  claim  made  for  physical,
    20  psychological,  or  other  injury  or  condition suffered as a result of
    21  conduct of a defendant  which  would  constitute  a  sexual  offense  as
    22  defined in article one hundred thirty of the penal law committed against
    23  a  child  less  than eighteen years of age, incest as defined in section
    24  255.25, 255.26 or 255.27 of the penal law committed against a child less
    25  than eighteen years of age, or the use of a child in a  sexual  perform-
    26  ance  as  defined in section 263.05 of the penal law committed against a
    27  child less than eighteen years of age.
    28    § 4. Section 50-i of the general municipal law is amended by adding  a
    29  new subdivision 5 to read as follows:
    30    5.  Notwithstanding any provision of law to the contrary, this section
    31  shall not apply to any claim made against a city, county, town, village,
    32  fire district or school district for physical, psychological,  or  other
    33  injury or condition suffered as a result of conduct of a defendant which
    34  would  constitute  a  sexual  offense  as defined in article one hundred
    35  thirty of the penal law committed against a  child  less  than  eighteen
    36  years  of  age, incest as defined in section 255.25, 255.26 or 255.27 of
    37  the penal law committed against a child less than eighteen years of age,
    38  or the use of a child in a sexual  performance  as  defined  in  section
    39  263.05  of  the  penal  law committed against a child less than eighteen
    40  years of age.
    41    § 5. Section 10 of the court of claims act is amended by adding a  new
    42  subdivision 10 to read as follows:
    43    10. Notwithstanding any provision of law to the contrary, this section
    44  shall not apply to any claim to recover damages for physical, psycholog-
    45  ical,  or other injury or condition suffered as a result of conduct of a
    46  defendant which would constitute a sexual offense as defined in  article
    47  one  hundred thirty of the penal law committed against a child less than
    48  eighteen years of age, incest as defined in section  255.25,  255.26  or
    49  255.27  of  the  penal  law committed against a child less than eighteen
    50  years of age, or the use of a child in a sexual performance  as  defined
    51  in  section  263.05 of the penal law committed against a child less than
    52  eighteen years of age.
    53    § 6. Subdivision 2 of section 3813 of the education law, as amended by
    54  chapter 346 of the laws of 1978, is amended to read as follows:
    55    2. Notwithstanding anything to the contrary hereinbefore contained  in
    56  this section, no action or special proceeding founded upon tort shall be

        S. 3933                             3
 
     1  prosecuted  or  maintained  against  any  of  the  parties named in this
     2  section or against any teacher or member of the supervisory or  adminis-
     3  trative  staff  or employee where the alleged tort was committed by such
     4  teacher  or  member  or  employee  acting in the discharge of his duties
     5  within the scope of his employment and/or under  the  direction  of  the
     6  board of education, trustee or trustees, or governing body of the school
     7  unless  a  notice of claim shall have been made and served in compliance
     8  with section fifty-e of the general municipal law.   Every  such  action
     9  shall  be commenced pursuant to the provisions of section fifty-i of the
    10  general municipal law, provided, however, that this  section  shall  not
    11  apply  to  any  claim to recover damages for physical, psychological, or
    12  other injury or condition suffered as a result of conduct of a defendant
    13  which would constitute a  sexual  offense  as  defined  in  article  one
    14  hundred  thirty  of  the  penal  law committed against a child less than
    15  eighteen years of age, incest as defined in section  255.25,  255.26  or
    16  255.27  of  the  penal  law committed against a child less than eighteen
    17  years of age, or the use of a child in a sexual performance  as  defined
    18  in  section  263.05 of the penal law committed against a child less than
    19  eighteen years of age.
    20    § 7.   The provisions of this act  shall  be  severable,  and  if  any
    21  clause,  sentence,  paragraph,  subdivision or part of this act shall be
    22  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
    23  judgment  shall not affect, impair, or invalidate the remainder thereof,
    24  but shall be confined in its operation to the  clause,  sentence,  para-
    25  graph,  subdivision or part thereof directly involved in the controversy
    26  in which such judgment shall have been rendered.
    27    § 8. This act shall take effect immediately.
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