NY State Senate Bill 2017-S6585A

Senate Bill S6585A

2017-2018 Legislative Session

Revives civil actions for certain sex offenses committed against a person less than eighteen years of age

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Archive: Last Bill Status - In Senate Committee Judiciary 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 judiciary
Jun 15, 2017	print number 6585a
Jun 15, 2017	amend (t) and recommit to rules
Jun 05, 2017	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

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2017-S6585 - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §208, CPLR; amd §30.10, CP L; amd §10, Ct Claims Act; amd §50-i, Gen Muni L

2017-S6585 - Summary

Revives civil actions for certain sex offenses committed against a person less than eighteen years of age; and establishes a child victims commission to examine, evaluate and make binding recommendations relating to such claims.

2017-S6585 - Sponsor Memo

                                 BILL NUMBER:  S6585

 TITLE OF BILL :

An act to establish the child victims commission, and providing for
its powers and duties; 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; and providing for the repeal of
certain provisions upon expiration thereof

 PURPOSE :

This bill revives time-barred civil causes of action that victims of
sex crimes can bring against their accuser when the victim of the
crime was under the age of 18 at the time of the offense. The bill
also repeals the criminal and civil statute of limitations for crimes
going forward, allowing victims to have their day in court and for
prosecutors to seek justice on behalf of the victims of sex crimes.

 SUMMARY OF PROVISIONS :

Section 1 of the bill proposes the establishment of a commission to
review time-barred claims by the victims of sex crimes when such
victim was under the age of 18 at the time of the offense. The
commission shall consist of five members, all appointed by the chief

judge of the court of appeals, and shall make binding recommendations
as to whether a time-barred civil claim can be revived to allow the
victim to file suit in court during a one-year period. The Office of
Court Administration shall promulgate rules and regulations within 6
months of this Act taking effect, governing the commission's
proceedings and determinations by the commission must be by majority
vote. Claims must be submitted to the commission within one year of
OCA completing its rules and regulations governing the commission in
order to be eligible to be revived during the 1-year window.

Section 2 of the bill repeals the statute of limitations for bringing
a civil cause of action by the victim of a sex crime when such victim
was under the age of 18 at the time of the offense.

Section 3 of the bill repeals the statute of limitations for bringing
a criminal prosecution by the people against the perpetrator of a sex
crime when such victim was under the age of 18 at the time of the
offense by the perpetrator.

Section 4 of the bill repeals the statute of limitations for filing a
notice of claim against the state of New York in the Court of Claims
in a civil action related to a sex crime when such victim was under
the age of 18 at the time of the offense.

Section 5 repeals the statute of limitations for filing a notice of
claim-against a municipality in a civil action related to a sex crime
when such victim was under the age of 18 at the time of the offense.

Section 6 contains a severability clause

Section 7 states that the Act takes effect immediately, with section 1
related to the child victims commission to be repealed three years
after the act takes effect.

 JUSTIFICATION :

The state of New York has one of the shortest statute of limitations
for criminal actions compared to the majority of other states that
have eliminated or have a longer criminal statute of limitations for
certain sex crime felony offenses. Further, eight other states have
repealed the civil statute of limitations for certain sex crimes when
the victim of the crime was under the age of 18 at the time of the
offense. Many victims who were sexually abused a child are do not come
forward to tell their story until well into their adulthood, which is
why the existing statute of limitations creates circumstances in which
the perpetrators are never prosecuted and the victims are time-barred
from a civil remedy. By repealing the criminal and civil statute of
limitations, this bill ensures that the victims of sex crimes will
have their day in court and that the perpetrators are brought to
justice, whenever the victims are ready to come forward to tell their
story.

Further, by creating a commission to review time-barred civil claims
along with a one-year window to bring the civil claim in court, with
members of the commission appointed by the chief judge of the New York
Court of Appeals, this bill ensures that the past civil claims of
victims are reviewed thoroughly and revived, giving victims their day
to seek justice in a court of law.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
Immediately

2017-S6585 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6585
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2017
                                ___________
 
 Introduced by Sens. KLEIN, ALCANTARA, AVELLA, CARLUCCI, HAMILTON, PERAL-
   TA, SAVINO, VALESKY -- read twice and ordered printed, and when print-
   ed to be committed to the Committee on Rules
 
 AN  ACT to establish the child victims commission, and providing for its
   powers and duties; to amend the civil  practice  law  and  rules,  the
   criminal procedure law, the court of claims act and the general munic-
   ipal  law,  in relation to the timeliness for commencing certain civil
   actions related to sex offenses;  and  providing  for  the  repeal  of
   certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  There is hereby established a commission to  be  known  as
 the  "child  victims commission", which shall examine, evaluate and make
 binding recommendations concerning civil claims for a  cause  of  action
 brought  by  any  person  for physical, psychological or other injury or
 condition suffered by such person, as a result of  conduct  which  would
 constitute  a  sex  offense, as defined in article one hundred thirty of
 the penal law committed against such person when he or she was less than
 eighteen years of age, incest as defined in section  255.25,  255.26  or
 255.27 of the penal law committed against such person when he or she was
 less  than  eighteen years of age, or the use of such person in a sexual
 performance as defined in section 263.05 of the penal law when he or she
 was less than seventeen years of age, where  the  applicable  period  of
 limitation  has  expired  on  the  claim  including, but not limited to,
 allowing such a civil cause of action that is time barred to be revived.
   The  child  victims  commission  shall  consist  of  5  members,  each
 appointed by the chief judge of the court of appeals; provided, however,
 that  one  member  shall  be  a  former  district  attorney or assistant
 district attorney, and one member shall be a  former  defense  attorney.
 The  chief judge of the court of appeals shall designate one such member
 as the chair of the commission.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11910-04-7

 S. 6585                             2
 
   Within one year after the date the chief administrative judge  promul-
 gates  the  rules and regulations necessary to effectuate the provisions
 of this section, any person with a time barred claim referred to in  the
 opening paragraph of this section may submit the claim to the commission
 for  review.  Within 6 months of the effective date of this section, the
 chief  administrative  judge  shall  promulgate  rules  and  regulations
 regarding the format and content of the form for claims submitted to the
 commission.  The  commission shall notify the claimant in writing of the
 final determination of the commission regarding the submitted claim. Any
 claim submitted to the commission must receive a majority  of  votes  of
 the commission members for approval.
   The  commission  shall  hold  hearings on submitted claims to permit a
 claimant to present information or evidence that he or she  believes  is
 necessary for the commission to fully evaluate the claim. The commission
 may  request  additional information or evidence from the claimant prior
 to rendering a determination.
   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 sex 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, 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 seventeen years of age, or a predecessor statute that  prohib-
 ited such conduct at the time of the act, which is time barred as of the
 effective  date of this section because the applicable period of limita-
 tion has expired is hereby revived, provided that such claim was submit-
 ted to and approved by the commission, and action thereon  is  commenced
 on  or  before  one  year following the date of the determination by the
 commission concerning the claim.
   Upon submission of a time barred claim to the commission, the claimant
 shall waive the right to file a civil action in any court  of  competent
 jurisdiction for damages in relation to a claim referred to in the open-
 ing  paragraph of this section, unless the commission renders a determi-
 nation that the claimant may commence a civil action during the one year
 period under this section.
   To the maximum extent feasible, the commission shall  be  entitled  to
 request  and  receive  such  resources,  facilities and personnel of the
 office of court administration as it may need to carry  out  its  powers
 and duties pursuant to this section.
   The  commission  shall submit a report to the chief judge of the court
 of appeals, governor, speaker of the assembly and temporary president of
 the senate, within two years of the  effective  date  of  this  section,
 detailing:
   (a) the number of claims received;
   (b) the number of claimants who submitted claims;
   (c) the number of claims approved by the commission;
   (d) the number of claims denied by the commission;
   (e) the ages of the claims received; and
   (f) the nature of the allegations in the claims received.
   Within  6  months  of  the  effective  date of this section, the chief
 administrative judge shall promulgate any rules and  regulations  neces-
 sary to effectuate the provisions of this section.

 S. 6585                             3
 
   §  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
 BY SUCH PERSON AS A RESULT OF  CONDUCT  WHICH  WOULD  CONSTITUTE  A  SEX
 OFFENSE  AS  DEFINED  IN  ARTICLE  ONE  HUNDRED  THIRTY OF THE PENAL LAW
 COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS  OF  AGE,
 INCEST  AS  DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW
 COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS  OF  AGE,
 THE  USE  OF  SUCH  PERSON IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
 263.05 OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS  THAN
 SEVENTEEN  YEARS  OF  AGE, OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH
 CONDUCT AT THE TIME OF THE ACT, SUCH ACTION  MAY  BE  COMMENCED  AT  ANY
 TIME.
   §  3.  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] A prosecution involving a [sexual] SEX offense
 as  defined in article one hundred thirty of the penal law, other than a
 [sexual] SEX 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  or  the  offense  is  reported  to a law enforcement agency or
 statewide central register of child abuse  and  maltreatment,  whichever
 occurs earlier] MAY BE COMMENCED AT ANY TIME.
   §  4. Section 10 of the court of claims act is amended by adding a new
 subdivision 3-c to read as follows:
   3-C. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  LAW  TO  THE  CONTRARY,
 INCLUDING  ANY  OTHER SUBDIVISION OF THIS SECTION, REQUIRING AS A CONDI-
 TION PRECEDENT TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING THAT A
 NOTICE OF CLAIM BE FILED OR PRESENTED, ANY CAUSE OF  ACTION  BROUGHT  BY
 ANY  PERSON  AGAINST  AN  OFFICER OR EMPLOYEE OF THE STATE FOR PHYSICAL,
 PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED BY SUCH PERSON AS  A
 RESULT  OF  CONDUCT  WHICH  WOULD CONSTITUTE A SEX OFFENSE AS DEFINED IN
 ARTICLE ONE HUNDRED THIRTY OF  THE  PENAL  LAW  COMMITTED  AGAINST  SUCH
 PERSON  WHO  WAS  LESS  THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN
 SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST SUCH
 PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE, THE USE OF  SUCH  PERSON
 IN  A  SEXUAL  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW
 COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN SEVENTEEN YEARS OF  AGE,
 OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE
 ACT, MAY BE COMMENCED AT ANY TIME.
   §  5. Section 50-i of the general municipal law is amended by adding a
 new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY  OTHER  PROVISIONS  OF  LAW  TO  THE  CONTRARY,
 INCLUDING ANY OTHER SUBDIVISION OF THIS SECTION, SECTION FIFTY-E OF THIS
 ARTICLE, 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  COMMENCEMENT  OF  AN  ACTION OR SPECIAL
 PROCEEDING THAT A NOTICE OF CLAIM BE FILED OR PRESENTED,  ANY  CAUSE  OF

 S. 6585                             4
 
 ACTION BROUGHT BY ANY PERSON AGAINST A CITY, COUNTY, TOWN, VILLAGE, FIRE
 DISTRICT  OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY
 OR CONDITION SUFFERED BY SUCH PERSON AS A RESULT OF CONDUCT WHICH  WOULD
 CONSTITUTE A SEX OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
 PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS
 OF  AGE,  INCEST  AS  DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF THE
 PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS
 OF AGE, THE USE OF SUCH PERSON IN A SEXUAL  PERFORMANCE  AS  DEFINED  IN
 SECTION  263.05  OF  THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS
 LESS THAN SEVENTEEN YEARS OF AGE, OR A PREDECESSOR STATUTE THAT  PROHIB-
 ITED SUCH CONDUCT AT THE TIME OF THE ACT, MAY BE COMMENCED AT ANY TIME.
   § 6. 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.
   § 7. This act shall take effect immediately; provided that section one
 of this act shall expire and be deemed repealed 3 years after such date.

co-Sponsors

View additional co-sponsors

2017-S6585A (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §208, CPLR; amd §30.10, CP L; amd §10, Ct Claims Act; amd §50-i, Gen Muni L

2017-S6585A (ACTIVE) - Summary

2017-S6585A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6585A

 TITLE OF BILL :  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; to establish the child victims
commission, and providing for its powers and duties; and providing for
the repeal of certain provisions upon expiration thereof

 PURPOSE :

This bill revives time-barred civil causes of action that victims of
sex crimes can bring against their accuser when the victim of the
crime was under the age of 18 at the time of the offense. The bill
also repeals the criminal and civil statute of limitations for crimes
going forward, allowing victims to have their day in court and for
prosecutors to seek justice on behalf of the victims of sex crimes.

 SUMMARY OF PROVISIONS :

Section 1 of the bill proposes the establishment of a commission to
review time-barred claims by the victims of sex crimes when such
victim was under the age of 18 at the time of the offense. The
commission shall consist of five members, all appointed by the chief
judge of the court of appeals, and shall make binding recommendations
as to whether a time-barred civil claim can be revived to allow the

victim to file suit in court during a one-year period. The Office of
Court Administration shall promulgate rules and regulations within 6
months of this Act taking effect, governing the commission's
proceedings and determinations by the commission must be by majority
vote. Claims must be submitted to the commission within one year of
OCA completing its rules and regulations governing the commission in
order to be eligible to be revived during the 1-year window. The
claimant is required to file a certificate of merit with the
commission regarding the claimant's knowledge of the relevant facts
and issues involved in the particular action, and the commission shall
approve all claims submitted in good faith by the claimant.

Section 2 of the bill repeals the statute of limitations for bringing
a civil cause of action by the victim of a sex crime when such victim
was under the age of 18 at the time of the offense.

Section 3 of the bill repeals the statute of limitations for bringing
a criminal prosecution by the people against the perpetrator of a sex
crime when such victim was under the age of 18 at the time of the
offense by the perpetrator.

Section 4 of the bill repeals the statute of limitations for filing a
notice of claim against the state of New York in the Court of Claims
in a civil action related to a sex crime when such victim was under
the age of 18 at the time of the offense.

Section 5 repeals the statute of limitations for filing a notice of
claim against a municipality in a civil action related to a sex crime
when such victim was under the age of 18 at the time of the offense.

Section 6 contains a severability clause

Section 7 states that the Act takes effect immediately, with section
one related to the child victims commission to be repealed three years
after the act takes effect, or once the commission has made a
determination on all submitted claims, whichever is later.

 JUSTIFICATION :


The state of New York has one of the shortest statute of limitations
for criminal actions compared to the majority of other states that
have eliminated or have a longer criminal statute of limitations for
certain sex crime felony offenses. Further, eight other states have
repealed the civil statute of limitations for certain sex crimes when
the victim of the crime was under the age of 18 at the time of the
offense. Many victims who were sexually abused a child are do not come
forward to tell their story until many years into their adulthood,
which is why the existing statute of limitations creates circumstances
in which the perpetrators are never prosecuted and the victims are
time-barred from a civil remedy. By repealing the criminal and civil
statute of limitations, this bill ensures that the victims of sex
crimes will have their day in court and that the perpetrators are
brought to justice, whenever the victims are ready to come forward to
tell their story.

Further, by creating a commission to review time-barred civil claims
along with a one-year window to bring the civil claim, this bill
ensures that victims of sexual abuse will have their day in court to
face their accuser.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
Immediately

2017-S6585A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6585--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2017
                                ___________
 
 Introduced by Sens. KLEIN, ALCANTARA, AVELLA, CARLUCCI, HAMILTON, PERAL-
   TA, SAVINO, VALESKY -- read twice and ordered printed, and when print-
   ed  to be committed to the Committee on Rules -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee

 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; to establish the child victims commission,
   and providing for its powers and duties; and providing for the  repeal
   of certain provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  There is hereby established a commission to  be  known  as
 the  "child  victims commission", which shall examine, evaluate and make
 binding recommendations concerning civil claims for a  cause  of  action
 brought  by  any  person  for physical, psychological or other injury or
 condition suffered by such person, as a result of  conduct  which  would
 constitute  a  sex  offense, as defined in article one hundred thirty of
 the penal law committed against such person when he or she was less than
 eighteen years of age, incest as defined in section  255.25,  255.26  or
 255.27 of the penal law committed against such person when he or she was
 less  than  eighteen years of age, or the use of such person in a sexual
 performance as defined in section 263.05 of the penal law when he or she
 was less than seventeen years of age, where  the  applicable  period  of
 limitation  has  expired  on  the  claim  including, but not limited to,
 allowing such a civil cause of action that is time barred to be revived.
   The  child  victims  commission  shall  consist  of  5  members,  each
 appointed by the chief judge of the court of appeals; provided, however,
 that:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11910-05-7

 S. 6585--A                          2
 
   (a)  one  member  shall  be  a  former  district attorney or assistant
 district attorney;
   (b)  one  member  shall  be  a former defense attorney with experience
 litigating personal injury claims;
   (c) one member shall be a former plaintiffs' attorney with  experience
 litigating  claims in which the plaintiff was the victim of sexual abuse
 as a minor; and
   (d) one member shall be a physician licensed in this state with exper-
 tise in trauma.
   The chief judge of the court  of  appeals  shall  designate  one  such
 member as the chair of the commission.
   Within  one year after the date the chief administrative judge promul-
 gates the rules and regulations necessary to effectuate  the  provisions
 of  this section, any person with a time barred claim referred to in the
 opening paragraph of this section may submit the claim to the commission
 for review.  Within 6 months of the effective date of this section,  the
 chief  administrative  judge  shall  promulgate  rules  and  regulations
 regarding the format and content of the form for claims submitted to the
 commission.
   A certificate of merit shall be  filed  with  the  commission  by  the
 claimant  or  claimant's  attorney,  and by at least one licensed mental
 health practitioner who is licensed to practice in this state, declaring
 and setting forth the factors which support the declaration:
   (1) that the claimant has reviewed the facts of  the  case,  that  the
 claimant  has consulted with at least one mental health practitioner who
 is licensed to practice and practices in this state and who the claimant
 reasonably believes is knowledgeable of the relevant  facts  and  issues
 involved  in  the particular action, and that the claimant has concluded
 on the basis of that review and consultation that  there  is  reasonable
 cause  for  the  filing of the action. The person consulted may not be a
 party to the litigation; and
   (2) that the mental health practitioner consulted is licensed to prac-
 tice and practices in this state and is not a party  to  any  litigation
 related to the claim, that such practitioner is not treating and has not
 treated  the  plaintiff,  and that such practitioner has interviewed the
 claimant and is knowledgeable of the relevant facts and issues  involved
 in  the particular action, and has concluded, on the basis of his or her
 knowledge of the facts and issues, that in his or her professional opin-
 ion there is a reasonable basis to believe that  the  claimant  was  the
 victim of a sex offense defined in article 130 of the penal law when the
 claimant  was under the age of eighteen at the time of the offense.  The
 commission shall notify the claimant in writing of  the  final  determi-
 nation  of  the  commission  regarding  the  submitted  claim. Any claim
 submitted to the commission must receive a  majority  of  votes  of  the
 commission members for approval.
   The commission shall approve all claims submitted to the commission in
 good faith by the claimant.
   The  commission  shall  hold  hearings on submitted claims to permit a
 claimant to present information or evidence that he or she  believes  is
 necessary for the commission to fully evaluate the claim.
   Notwithstanding any provision of law which imposes a period of limita-
 tion  to  the  contrary,  every  civil  claim or cause of action brought
 against any party alleging intentional or negligent acts or omissions by
 a person for physical,  psychological,  or  other  injury  or  condition
 suffered  as a result of conduct which would constitute a sex offense as
 defined in article 130 of the penal law committed against a  child  less

 S. 6585--A                          3
 
 than  eighteen years of age, incest as defined in section 255.27, 255.26
 or 255.25 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 predecessor statute that
 prohibited such conduct at the  time  of  the  act,  which  conduct  was
 committed  against  a  child  less than seventeen 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, provided that such
 claim was submitted to and approved by the commission, and action there-
 on is commenced on or before one year following the date of the determi-
 nation by the commission concerning the claim.
   Upon submission of a time barred claim to the commission, the claimant
 shall waive the right to file a civil action in any court  of  competent
 jurisdiction  in  this state for damages in relation to a claim referred
 to in the opening paragraph  of  this  section,  unless  the  commission
 renders  a  determination  that the claimant may commence a civil action
 during the one year period under this section.  Any determination by the
 commission denying the claim shall be made without  prejudice.  A  claim
 denied  without  prejudice  by the commission, may be resubmitted to the
 commission for de novo review if new  evidence  is  submitted  with  the
 claim to the commission.
   To  the  maximum  extent feasible, the commission shall be entitled to
 request and receive such resources,  facilities  and  personnel  of  the
 office  of  court  administration as it may need to carry out its powers
 and duties pursuant to this section.
   The commission shall submit a report to the chief judge of  the  court
 of appeals, governor, speaker of the assembly and temporary president of
 the  senate,  within  two  years  of the effective date of this section,
 detailing:
   (a) the number of claims received;
   (b) the number of claimants who submitted claims;
   (c) the number of claims approved by the commission;
   (d) the number of claims denied by the commission;
   (e) the ages of the claims received; and
   (f) the nature of the allegations in the claims received.
   Within 6 months of the effective  date  of  this  section,  the  chief
 administrative  judge shall promulgate any rules necessary to effectuate
 the provisions of this section.  Within 6 months of the  effective  date
 of  this section, the chief judge of the court of appeals shall make all
 appointments of members of the commission.
   § 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
 BY  SUCH  PERSON  AS  A  RESULT  OF CONDUCT WHICH WOULD CONSTITUTE A SEX
 OFFENSE AS DEFINED IN ARTICLE  ONE  HUNDRED  THIRTY  OF  THE  PENAL  LAW
 COMMITTED  AGAINST  SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
 INCEST AS DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF THE  PENAL  LAW
 COMMITTED  AGAINST  SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
 THE USE OF SUCH PERSON IN A SEXUAL PERFORMANCE  AS  DEFINED  IN  SECTION
 263.05  OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN
 SEVENTEEN YEARS OF AGE, OR A PREDECESSOR STATUTE  THAT  PROHIBITED  SUCH
 CONDUCT  AT  THE  TIME  OF  THE ACT, SUCH ACTION MAY BE COMMENCED AT ANY
 TIME.

 S. 6585--A                          4
 
   § 3. 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] A prosecution involving a [sexual] SEX offense
 as  defined in article one hundred thirty of the penal law, other than a
 [sexual] SEX 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  or  the  offense  is  reported  to a law enforcement agency or
 statewide central register of child abuse  and  maltreatment,  whichever
 occurs earlier] MAY BE COMMENCED AT ANY TIME.
   §  4. Section 10 of the court of claims act is amended by adding a new
 subdivision 3-c to read as follows:
   3-C. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  LAW  TO  THE  CONTRARY,
 INCLUDING  ANY  OTHER SUBDIVISION OF THIS SECTION, REQUIRING AS A CONDI-
 TION PRECEDENT TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING THAT A
 NOTICE OF CLAIM BE FILED OR PRESENTED, ANY CAUSE OF  ACTION  BROUGHT  BY
 ANY  PERSON  AGAINST  AN  OFFICER OR EMPLOYEE OF THE STATE FOR PHYSICAL,
 PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED BY SUCH PERSON AS  A
 RESULT  OF  CONDUCT  WHICH  WOULD CONSTITUTE A SEX OFFENSE AS DEFINED IN
 ARTICLE ONE HUNDRED THIRTY OF  THE  PENAL  LAW  COMMITTED  AGAINST  SUCH
 PERSON  WHO  WAS  LESS  THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN
 SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST SUCH
 PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE, THE USE OF  SUCH  PERSON
 IN  A  SEXUAL  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW
 COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN SEVENTEEN YEARS OF  AGE,
 OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE
 ACT, MAY BE COMMENCED AT ANY TIME.
   §  5. Section 50-i of the general municipal law is amended by adding a
 new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY  OTHER  PROVISIONS  OF  LAW  TO  THE  CONTRARY,
 INCLUDING ANY OTHER SUBDIVISION OF THIS SECTION, SECTION FIFTY-E OF THIS
 ARTICLE, 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  COMMENCEMENT  OF  AN  ACTION OR SPECIAL
 PROCEEDING THAT A NOTICE OF CLAIM BE FILED OR PRESENTED,  ANY  CAUSE  OF
 ACTION BROUGHT BY ANY PERSON AGAINST A CITY, COUNTY, TOWN, VILLAGE, FIRE
 DISTRICT  OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY
 OR CONDITION SUFFERED BY SUCH PERSON AS A RESULT OF CONDUCT WHICH  WOULD
 CONSTITUTE A SEX OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
 PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS
 OF  AGE,  INCEST  AS  DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF THE
 PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS
 OF AGE, THE USE OF SUCH PERSON IN A SEXUAL  PERFORMANCE  AS  DEFINED  IN
 SECTION  263.05  OF  THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS
 LESS THAN SEVENTEEN YEARS OF AGE, OR A PREDECESSOR STATUTE THAT  PROHIB-
 ITED SUCH CONDUCT AT THE TIME OF THE ACT, MAY BE COMMENCED AT ANY TIME.
   § 6. 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-

 S. 6585--A                          5
 
 vision or part thereof directly involved in  the  controversy  in  which
 such judgment shall have been rendered.
   § 7. This act shall take effect immediately; provided that section one
 of  this act shall expire and be deemed repealed 3 years after such date
 or upon the date a determination has been made on all  claims  submitted
 pursuant  to  such section, whichever shall be later.  Provided that the
 chief administrative judge shall notify the  legislative  bill  drafting
 commission  of  the date upon which a determination has been made on all
 claims submitted pursuant to section one of this act in order  that  the
 commission  may  maintain  an accurate and timely effective data base of
 the official text of the laws of the state of New York in furtherance of
 effectuating the provisions of section 44 of  the  legislative  law  and
 section 70-b of the public officers law.

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Senate Bill S6585A

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2017-S6585 - Details

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2017-S6585 - Bill Text download pdf

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2017-S6585A (ACTIVE) - Details

2017-S6585A (ACTIVE) - Summary

2017-S6585A (ACTIVE) - Sponsor Memo

2017-S6585A (ACTIVE) - Bill Text download pdf

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