S T A T E   O F   N E W   Y O R K
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                                 3107--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be  committed  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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08111-06-9
              

S. 3107--A                          2

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.