S T A T E O F N E W Y O R K
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2596--B
Cal. No. 262
2009-2010 Regular Sessions
I N A S S E M B L Y
January 21, 2009
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Introduced by M. of A. MARKEY, MILLMAN, KOON, BRENNAN, DESTITO, GALEF,
GLICK, JOHN, LIFTON, MAYERSOHN, PRETLOW, DINOWITZ, JAFFEE, LATIMER,
SCHROEDER, BRADLEY, LANCMAN, GUNTHER, SPANO, FIELDS, HIKIND, EDDING-
TON, ROSENTHAL, ENGLEBRIGHT, ESPAILLAT, AUBRY, BARRON, CASTRO --
Multi-Sponsored by -- M. of A. BURLING, CLARK, CONTE, ERRIGO, GORDON,
GOTTFRIED, JACOBS, KELLNER, LUPARDO, MAGEE, MILLER, NOLAN, RAMOS,
RUSSELL, SCARBOROUGH -- read once and referred to the Committee on
Codes -- reported from committee, advanced to a third reading, amended
and ordered reprinted, retaining its place on the order of third read-
ing -- again amended on third reading, ordered reprinted, retaining
its place on the order of third reading
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05380-13-9
A. 2596--B 2
agency or statewide central register of child abuse and maltreatment,
whichever occurs earlier.
S 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
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.
S 3. The civil practice law and rules is amended by adding a new
section 3012-b to read as follows:
S 3012-B. 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 THIRTY-FIVE YEARS OR LESS BEFORE THE EFFECTIVE DATE
OF THIS SECTION OR COMMENCED WITHIN THIRTY-FIVE 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-
A. 2596--B 3
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.
S 4. The civil practice law and rules is amended by adding a new
section 214-f to read as follows:
S 214-F. 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.
S 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.
S 6. This act shall take effect immediately.