S T A T E O F N E W Y O R K
________________________________________________________________________
557
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
AN ACT to amend the civil practice law and rules, in relation to actions
for sexual assault of an infant and providing for the repeal of such
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil practice law and rules is amended by adding a new
section 215-a to read as follows:
S 215-A. ACTIONS FOR SEXUAL ASSAULT OF AN INFANT. NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, ANY CAUSE OF ACTION FOR PHYSICAL OR
PSYCHOLOGICAL INJURY SUSTAINED BY A PERSON UNDER EIGHTEEN YEARS OF AGE
AS A RESULT OF A SEXUAL ASSAULT, WHICH IS BARRED BECAUSE THE STATUTE OF
LIMITATIONS HAS EXPIRED, IS HEREBY REVIVED, AND AN ACTION THEREON MAY BE
COMMENCED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION. FOR THE
PURPOSES OF THIS SECTION, SEXUAL ASSAULT SHALL BE A SEX OFFENSE AS
DEFINED UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW OR A PREDECES-
SOR STATUTE AT THE TIME OF THE ACT. ANY SUCH CAUSE OF ACTION PREVIOUSLY
DISMISSED BECAUSE OF THE STATUTE OF LIMITATIONS MAY BE BROUGHT UNDER
THIS SECTION NOTWITHSTANDING SUCH DISMISSAL. THE PROVISIONS OF THIS
SECTION SHALL BE INAPPLICABLE TO ANY CIVIL ACTION GOVERNED BY THE STAT-
UTE OF LIMITATIONS OF ANOTHER JURISDICTION.
S 2. This act shall take effect immediately and shall expire one year
after such effective date, when upon such date the provisions of this
act shall be deemed repealed; and provided that the provisions of this
act shall apply to causes of action pending or commenced on or after the
effective date of this act.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03485-01-1