S T A T E O F N E W Y O R K
________________________________________________________________________
5708--A
2009-2010 Regular Sessions
I N A S S E M B L Y
February 19, 2009
___________
Introduced by M. of A. V. LOPEZ, COLTON, DelMONTE, FITZPATRICK, SPANO,
HYER-SPENCER, HIKIND, ROBINSON, REILLY, BROOK-KRASNY, CUSICK, BENJA-
MIN, KOON, GORDON, CAMARA, MORELLE, MAISEL, P. RIVERA -- Multi-Spon-
sored by -- M. of A. BACALLES, BARRA, DESTITO, DUPREY, EDDINGTON,
ERRIGO, FIELDS, FINCH, GOTTFRIED, GREENE, JORDAN, McENENY, O'MARA,
PEOPLES, QUINN, REILICH, SCOZZAFAVA, TOBACCO, TOWNSEND, WALKER -- read
once and referred to the Committee on Codes -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
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 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:
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 or the offense is reported to a law enforcement agency
or statewide central register of child abuse and maltreatment, whichever
occurs earlier.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08111-05-9
A. 5708--A 2
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 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,
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
YEARS.
S 3. Subdivision 8 of section 50-e of the general municipal law, as
amended by chapter 24 of the laws of 1988, is amended to read as
follows:
8. Inapplicability of section. (A) This section shall not apply to
claims arising under the provisions of the workers' compensation law,
the volunteer firefighters' benefit law, or the volunteer ambulance
workers' benefit law or to claims against public corporations by their
own infant wards.
(B) THIS SECTION SHALL NOT APPLY TO ANY CLAIM MADE FOR PHYSICAL,
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 4. Section 50-i of the general municipal law is amended by adding a
new subdivision 4 to read as follows:
4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, 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.