NY State Senate Bill 2017-S4029

Senate Bill S4029

2017-2018 Legislative Session

Extends the statute of limitations in criminal and civil actions for certain sex offenses committed against a child less than eighteen years of age

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Feb 02, 2017	referred to codes

2017-S4029 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §208, add §§3012-c & 214-g, CPLR
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5893
2011-2012: S3785
2013-2014: S3339
2015-2016: S2186

2017-S4029 (ACTIVE) - Summary

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 eighteen years of age shall not begin to run until the person has reached the age of twenty-three 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-three; revives for 1 year, any such civil claim or cause of action which was barred because the applicable statute of limitations expired.

2017-S4029 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4029

 TITLE OF BILL :  An act to amend the criminal procedure law, in
relation to the timeliness of prosecutions for certain sex offenses;
and to amend the civil practice law and rules, in relation to the
timeliness for commencing certain civil actions related to sex
offenses

 PURPOSE :

The bill amends the Criminal Procedure Law and the Civil Practice Law
and Rules to extend the statute of limitations for criminal and civil
actions for sex offenses under article one hundred thirty of the Penal
Law committed against a child less than eighteen years of age, for
incest against a child less then eighteen years of age or the use of a
child in a sexual performance.

 SUMMARY OF PROVISIONS :

Section one of the bill amends the Criminal Procedure Law to increase
the criminal statute of limitation for the prosecution of certain sex
offenses committed against a child under the age of eighteen, for
incest against a child less then eighteen years of age or the use of a
child in a sexual performance. The period of limitation would not
begin to run until the child reaches the age of 23 years or the
offense is reported to a law enforcement agency or the statewide

central register of child abuse and maltreatment.

Section two of the bill would extend the civil statute of limitation
for causes of action to remedy injuries or conditions suffered as a
result of conduct which would constitute a sexual offense as defined
in article one hundred thirty of the penal law committed against a
child less than eighteen years of age, incest as defined in section
255.25, 255.26 or 255.27 of the penal law committed against a child
less than eighteen years of age, or the use of a child in a sexual
performance as defined in section 263.05 of the penal law. Such action
would have to be commenced within five years after the child reaches
the age of 23 years. Under current law, the criminal statute of
limitations in child sexual abuse cases in which a victim does not
report the crime to law enforcement is not applied until the victim
reaches age 18. This bill would add five years to the statute; so that
the five-year statute of limitations in such cases would not begin to
run until the victim turned age 23 (extending the time for prosecution
until a child victim reached age 28).

Section three of the bill would revive expired civil causes of action
based on conduct which would constitute a sexual offense as defined in
article one hundred thirty of the venal law committed against a child
less than eighteen years of age, incest as defined in section 255.25,
255.26 or 255.27 of the penal law committed against a child less than
eighteen years of age, or the use of a child in a sexual performance
as defined in section 263.05 of the penal law. Persons for whom the
right to bring a civil action has been foreclosed because of the
current civil statute of limitations bar would be given a one-year
"window period" from the date of enactment of the bill. To recover
damages for any past instance of child sexual abuse the civil claim
must be commenced within forty years of the effective date of this
section or commenced within forty years of such child reaching the age
of eighteen years. Prior to the commencement of the action, the
plaintiff must obtain a certificate of merit by a mental health expert
that states in reasonable detail the facts and opinions relied upon
for concluding that the plaintiff was a victim of sexual abuse.  The
complaint shall be accompanied by a certificate of merit as described
in subdivision (c) of this section.

Section four would removes notice of claim as condition precedent.
Section five of the bill is a savings clause.

Section six of the bill is the effective date. The bill would take
effect immediately.

 JUSTIFICATION :

Sex crimes, particularly those committed against children, are among
the most heinous and deeply disturbing in our society. They are crimes
that leave life-long scars, multiple victims and require an all
encompassing strategy to combat. This proposal would extend the
authority to prosecute and to bring a civil lawsuit for damages in
child sexual abuse cases in three significant ways, regardless of
whether or not DNA evidence is available. This bill will provide a
remedy for those whose lives have been unalterably changed by the
horror of childhood sexual abuse. Victims of these horrific crimes
will get their day in court and be able to seek the justice they have
been denied.

 LEGISLATIVE HISTORY :

2009-10:S.5893A/A.2596C(Markey)- Defeated by Codes Committee
2011-12:S.3785- Referred to Codes
2013-14:S.3339- Referred to Codes
2015-16:5.2186- Referred to Codes

 FISCAL IMPLICATIONS :

None.

 LOCAL FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S4029 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4029
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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; and to amend the civil
   practice law and rules, 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:
 
   Section 1. Paragraph (f) of subdivision 3  of  section  30.10  of  the
 criminal  procedure  law, as separately amended by chapters 3 and 320 of
 the laws of 2006, is amended to read as follows:
   (f) For purposes of  a  prosecution  involving  a  sexual  offense  as
 defined  in  article  one  hundred thirty of the penal law, other than a
 sexual offense delineated in paragraph (a) of subdivision  two  of  this
 section,  committed  against  a  child  less than eighteen years of age,
 incest in the first, second or  third  degree  as  defined  in  sections
 255.27,  255.26  and  255.25  of the penal law committed against a child
 less than eighteen years of age, or use of a child in a sexual  perform-
 ance  as defined in section 263.05 of the penal law, the period of limi-
 tation shall not begin to run until the child has  reached  the  age  of
 [eighteen]  TWENTY-THREE or the offense is reported to a law enforcement
 agency or statewide central register of child  abuse  and  maltreatment,
 whichever occurs earlier.
   §  2.  The  opening paragraph of section 208 of the civil practice law
 and rules is designated subdivision (a) and a  new  subdivision  (b)  is
 added to read as follows:
   (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 WITH  RESPECT  TO  ALL  CIVIL  CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
 PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
 AS A RESULT OF CONDUCT  WHICH  WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS
 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08676-01-7

 S. 4029                             2
 
 A  CHILD  LESS  THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION
 255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS
 THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A  SEXUAL  PERFORM-
 ANCE  AS  DEFINED  IN  SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR
 STATUTE THAT PROHIBITED SUCH CONDUCT AT  THE  TIME  OF  THE  ACT,  WHICH
 CONDUCT  WAS  COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 THE TIME WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED  TO
 FIVE YEARS AFTER THE PERSON REACHES THE AGE OF TWENTY-THREE YEARS.
   §  3.  The  civil  practice  law  and rules is amended by adding a new
 section 3012-c to  read as follows:
   § 3012-C. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT.  (A)
 NOTWITHSTANDING  ANY  PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITA-
 TION TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY  A
 PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
 SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL  OFFENSE
 AS  DEFINED  IN  ARTICLE  ONE  HUNDRED THIRTY OF THE PENAL LAW COMMITTED
 AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST  AS  DEFINED  IN
 SECTION  255.25,  255.26  OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A
 CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL
 PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR  A  PREDE-
 CESSOR  STATUTE  THAT  PROHIBITED  SUCH  CONDUCT AT THE TIME OF THE ACT,
 WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS  OF
 AGE,  WHICH  IS  BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE
 THE APPLICABLE PERIOD OF LIMITATION HAS EXPIRED IS HEREBY  REVIVED,  AND
 ACTION  THEREON  MAY BE COMMENCED PROVIDED THAT SUCH ACTION IS COMMENCED
 WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
   (A-1) ANY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT PURSUANT TO  SUBDIVI-
 SION  (A)  OF  THIS  SECTION MAY ONLY BE COMMENCED FOR CONDUCT COMMITTED
 AGAINST SUCH CHILD FORTY YEARS OR LESS BEFORE THE EFFECTIVE DATE OF THIS
 SECTION OR COMMENCED WITHIN FORTY YEARS OF SUCH CHILD REACHING  THE  AGE
 OF EIGHTEEN YEARS.
   (B)  IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS SECTION
 FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS  A
 RESULT  OF  CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DESCRIBED
 IN SUBDIVISION (A) OF THIS SECTION, THE COMPLAINT SHALL  BE  ACCOMPANIED
 BY  A  CERTIFICATE  OF  MERIT  AS  DESCRIBED  IN SUBDIVISION (C) OF THIS
 SECTION.
   (C) A CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B)  OF  THIS
 SECTION  SHALL  BE  FILED  BY  THE  ATTORNEY FOR THE PLAINTIFF AND SHALL
 CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
 SECTION 9.01 OF THE MENTAL  HYGIENE  LAW,  A  PSYCHOLOGIST  AS  LICENSED
 PURSUANT  TO  ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A
 PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
 VISION ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW,  WHO
 IS  KNOWLEDGEABLE  IN  THE  RELEVANT  FACTS  AND  ISSUES INVOLVED IN THE
 PARTICULAR ACTION, AND STATES IN REASONABLE DETAIL THE FACTS  AND  OPIN-
 IONS  THAT  THE  PERSON  HAS  RELIED UPON FOR CONCLUDING THAT THERE IS A
 REASONABLE BASIS TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT  TO  ONE
 OR  MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN SUBDIVISION
 (A) OF THIS SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY  NOT  BE  A
 PARTY TO THE LITIGATION.
   (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
 CERTIFICATE  SHALL  BE  FILED  FOR  EACH  ACTION,  EVEN IF MORE THAN ONE
 DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
   § 4. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-g to read as follows:

 S. 4029                             3
 
   §  214-G.  ACTION  BY  VICTIM  OF  CONDUCT CONSTITUTING CERTAIN SEXUAL
 OFFENSES AND NOTICE OF CLAIM AS CONDITION  PRECEDENT.  SECTIONS  FIFTY-E
 AND  FIFTY-I  OF THE GENERAL MUNICIPAL LAW, SECTION THIRTY-EIGHT HUNDRED
 THIRTEEN OF THE EDUCATION LAW AND THE PROVISIONS OF ANY GENERAL, SPECIAL
 OR  LOCAL LAW OR CHARTER REQUIRING AS A CONDITION PRECEDENT TO COMMENCE-
 MENT OF AN ACTION OR SPECIAL PROCEEDING THAT A  NOTICE  OF  A  CLAIM  BE
 FILED  OR PRESENTED WITHIN A SPECIFIED PERIOD OF TIME AFTER THE CLAIM OR
 ACTION OR ACTION ACCRUED, SHALL NOT APPLY TO ANY CLAIM  MADE  FOR  PHYS-
 ICAL,  PSYCHOLOGICAL,  OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT
 OF CONDUCT OF A DEFENDANT WHICH WOULD CONSTITUTE  A  SEXUAL  OFFENSE  AS
 DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
 A  CHILD  LESS  THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION
 255.25, 255.26, OR 255.27 OF THE PENAL LAW  COMMITTED  AGAINST  A  CHILD
 LESS  THAN  EIGHTEEN  YEARS  OF  AGE,  OR THE USE OF A CHILD IN A SEXUAL
 PERFORMANCE AS DEFINED IN SECTION 263.05  OF  THE  PENAL  LAW  COMMITTED
 AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   § 5. The provisions of this act shall be severable, and if any clause,
 sentence,  paragraph,  subdivision or part of this act shall be adjudged
 by any court of competent jurisdiction  to  be  invalid,  such  judgment
 shall not affect, impair, or invalidate the remainder thereof, but shall
 be  confined in its operation to the clause, sentence, paragraph, subdi-
 vision or part thereof directly involved in  the  controversy  in  which
 such judgment shall have been rendered.
   § 6. This act shall take effect immediately.

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