NY State Senate Bill 2011-S6434B

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 28, 2012	print number 6434b
Feb 28, 2012	amend and recommit to codes
Feb 17, 2012	print number 6434a
Feb 17, 2012	amend and recommit to codes
Feb 09, 2012	referred to codes

co-Sponsors

2011-S6434 - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §208, add §214-f, CPLR

2011-S6434 - Summary

Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law; establishes that incest in the first or second degree or use of a child in a sexual performance committed against a person less than eighteen years of age shall not begin to run until the person has reached the age of twenty-five or the offense is reported to law enforcement or the statewide central register of child abuse and maltreatment, whichever occurs earlier; allows civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered as a result of conduct that is a sex offense as defined in article 130 of the penal law; provides that incest or use of a child in a sexual performance committed against a child who was less that eighteen years of age at the time shall be allowed to be commenced seven years after the child reaches the age of twenty-five

2011-S6434 - Sponsor Memo

                                BILL NUMBER:S6434

TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the
timeliness 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

PURPOSE:
The bill amends the criminal Procedure Law and the civil Practice Law
and Rules to extend the statute of limitations for criminal and civil
actions for sex offenses under article one hundred thirty of the Penal
Law committed against a child less than eighteen years of age; for
incest against a child less than eighteen years of age or the use of a
child in a sexual performance. The language also removes the notice of
claims requirement going forward.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends the Criminal Procedure Law to increase
the criminal statute of limitations for the prosecution of certain sex
offenses-committed against a child under the age of eighteen, for
incest against a child less than eighteen years of age or the use of a
child in a sexual performance. The period of limitation would not
begin to run until the child reaches the age of 28 years, or the
offense is reported to a law enforcement agency or the statewide
central register of child abuse and maltreatment. Section two of the

bill would extend the civil statute of limitations for causes of
action to remedy injuries or conditions 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 255,26 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. Such action would have to be
commenced within five years after the child reaches the age of 28
years. Under current law, the criminal statute of limitations in child
sexual abuse cases in which a victim does not report the crime to law
enforcement is not applied until the victim reaches age 18. This bill
would add fifteen years to the statute; so that the five year statute
of limitations in such cases would not begin to run until the victim
turned age 28 (extending the time for prosecution until a child victim
reached age 33).

Section three of the bill would revive expired civil causes of action
based on 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 255.26
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. Persons for whom the
right to bring a Civil action has been foreclosed because of the
current civil statute of limitations bar would be given a one-year
"window" period" from the date of enactment of the bill in which to
bring an action to recover damages for any past instance of child
sexual abuse. Any such claim or cause of action may only be commenced
for conduct committed against such child twenty-five years or less


before the effective date of this section or commenced within
twenty-five years of such child reaching the age of eighteen years.
Prior to the commencement of the action, the plaintiff must obtain a
certificate of merit by a mental health expert that states in
reasonable detail the facts and opinions relied upon for concluding
that the plaintiff was a victim of sexual abuse. The complaint shall
be accompanied by a certificate of merit as described in subdivision
(d) of this section.

Section four of the bill amends current law and removes the 90 day
Notice of Claim requirement against public institutions for incidents
that occur on or after legislation's effective date.

Section five of the bill is a savings clause.

Section six of the bill is the effective date. The bill would take
effect immediately but section three which revives expired claims
would take effect 60 days after becoming law.

JUSTIFICATION:
Sexual abuse crimes against children are often going unreported until
the victim becomes an adult.  The current law structure in New York
State restricts victims from filing their grievances in both criminal
and civil court after he/she reaches 23 years of age. The bill would
also going forward remove the 90 day notice of claims requirement
against public institutions involved with the sexual abuse claim. The
legislation would amend the oversight in the current New York State
Law and allow victims to have their day in court and see the justice
they deserve.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, provided that section three of
this act shall take effect on the sixtieth day after this act shall
have become a law.

2011-S6434 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6434

                            I N  S E N A T E

                            February 9, 2012
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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]
INCLUDING 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[,] AND second [or third] degree  as  defined
in sections 255.27[,] AND 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 performance as defined in section 263.05 of the  penal  law,  the
period  of limitation shall not begin to run until the child has reached
the age of [eighteen] TWENTY-FIVE 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
PERSON  AGAINST  A  PERSON  WHO HIMSELF OR HERSELF ENGAGED IN ACTS 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 255.26 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

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

                                                           LBD10643-06-2

S. 6434                             2

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, FOR PHYSICAL, PSYCHOLOGICAL OR OTHER  INJURY
OR  CONDITION SUFFERED AS A RESULT OF THE ABOVE MENTIONED ACTS, THE TIME
WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL  BE  EXTENDED  TO  SEVEN
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 AGAINST A PERSON WHO HIMSELF OR HERSELF  ENGAGED  IN  ACTS  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 255.26 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, FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY
OR CONDITION SUFFERED AS A RESULT OF THE ABOVE MENTIONED ACTS  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.
  (B) ANY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT PURSUANT TO SUBDIVISION
(A) OF THIS SECTION MAY ONLY BE COMMENCED FOR CONDUCT COMMITTED  AGAINST
SUCH  CHILD  TWENTY-FIVE YEARS OR LESS BEFORE THE EFFECTIVE DATE OF THIS
SECTION OR COMMENCED WITHIN TWENTY-FIVE YEARS OF SUCH CHILD REACHING THE
AGE OF EIGHTEEN YEARS.
  (C) IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS  SECTION
AGAINST  A  PERSON  WHO  ENGAGED IN ACTS DESCRIBED IN SUBDIVISION (A) OF
THIS SECTION FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY  OR  CONDITION
SUFFERED  AS A RESULT OF ACTS 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 (D) OF
THIS SECTION.
  (D)  A  CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (C) 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-
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 COMMITTED BY THE PERSON AGAINST WHOM THE ACTION IS
BROUGHT.  THE PERSON PROVIDING SUCH STATEMENT MAY NOT BE A PARTY TO  THE
LITIGATION.
  (E) 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. 6434                             3

  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. THE  PROVISIONS  OF
SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW, SECTION THIR-
TY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW AND THE PROVISIONS OF ANY
GENERAL, SPECIAL OR LOCAL LAW OR CHARTER REQUIRING AS A CONDITION PRECE-
DENT TO COMMENCEMENT 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
AGAINST ANY PERSON WHO HIMSELF OR HERSELF ENGAGED IN  ACTS  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 255.26 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, FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION
SUFFERED AS A RESULT OF SUCH ACTS.
  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,  provided  that  section
three  of  this act shall take effect on the sixtieth day after this act
shall have become a law.

co-Sponsors

2011-S6434A - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §208, add §214-f, CPLR

2011-S6434A - Summary

Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law; establishes that incest in the first or second degree or use of a child in a sexual performance committed against a person less than eighteen years of age shall not begin to run until the person has reached the age of twenty-five or the offense is reported to law enforcement or the statewide central register of child abuse and maltreatment, whichever occurs earlier; allows civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered as a result of conduct that is a sex offense as defined in article 130 of the penal law; provides that incest or use of a child in a sexual performance committed against a child who was less that eighteen years of age at the time shall be allowed to be commenced seven years after the child reaches the age of twenty-five

2011-S6434A - Sponsor Memo

                                BILL NUMBER:S6434A

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the timeliness 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

PURPOSE:
To extend the statute of limitations in criminal and civil actions for
certain sex offenses committed against a child less than eighteen
years of age.

SUMMARY OF PROVISIONS:
Section one amends 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.

Section two amends the opening paragraph of section 208 of the civil
practice law and rules is designated subdivision (a) and a new
subdivision (b) is added.

Section three amends the civil practice law and rules by adding a new
section 3012-b.

Section four amends the civil practice law and rules by adding a new
section 214-f.

Section five of the bill is a severability clause.

Section six is the effective date.

JUSTIFICATION:
Sexual abuse crimes against children are often going unreported until
the victim becomes an adult. The current law structure in New York
State restricts victims from filing their grievances in both criminal
and civil court after he/she reaches 23 years of age. The bill would
also going forward remove the 90 day notice of claims requirement
against public institutions involved with the sexual abuse claim.
This bill provides victims of certain sexual abuse crimes with
greater opportunities to seek redress for crimes committed against
them.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately, provided that
section three of this act shall take effect on the sixtieth day after
this act shall have become a law.

2011-S6434A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6434--A

                            I N  S E N A T E

                            February 9, 2012
                               ___________

Introduced by Sens. LANZA, AVELLA -- 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; 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]
INCLUDING 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[,] AND second [or third] degree  as  defined
in sections 255.27[,] AND 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 performance as defined in section 263.05 of the  penal  law,  the
period  of limitation shall not begin to run until the child has reached
the age of [eighteen] TWENTY-FIVE 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
PERSON  AGAINST  A  PERSON  WHO HIMSELF OR HERSELF ENGAGED IN ACTS 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 255.26 OR 255.27 OF THE PENAL

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

                                                           LBD10643-07-2

S. 6434--A                          2

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, FOR PHYSICAL, PSYCHOLOGICAL OR OTHER  INJURY
OR  CONDITION SUFFERED AS A RESULT OF THE ABOVE MENTIONED ACTS, THE TIME
WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL  BE  EXTENDED  TO  SEVEN
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 AGAINST A PERSON WHO HIMSELF OR HERSELF  ENGAGED  IN  ACTS  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 255.26 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, FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY
OR CONDITION SUFFERED AS A RESULT OF THE ABOVE MENTIONED ACTS  WHICH  IS
BARRED  AS  OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE THE APPLICABLE
PERIOD OF LIMITATION HAS EXPIRED IS HEREBY REVIVED.
  (B) ANY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT PURSUANT TO SUBDIVISION
(A) OF THIS SECTION MAY ONLY BE COMMENCED FOR CONDUCT COMMITTED  AGAINST
SUCH  CHILD  TWENTY-FIVE YEARS OR LESS BEFORE THE EFFECTIVE DATE OF THIS
SECTION OR COMMENCED WITHIN TWENTY-FIVE YEARS OF SUCH CHILD REACHING THE
AGE OF EIGHTEEN YEARS.
  (C) IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS  SECTION
AGAINST  A  PERSON  WHO  ENGAGED IN ACTS DESCRIBED IN SUBDIVISION (A) OF
THIS SECTION FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY  OR  CONDITION
SUFFERED  AS A RESULT OF ACTS 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 (D) OF
THIS SECTION.
  (D)  A  CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (C) 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-
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 COMMITTED BY THE PERSON AGAINST WHOM THE ACTION IS
BROUGHT.  THE PERSON PROVIDING SUCH STATEMENT MAY NOT BE A PARTY TO  THE
LITIGATION.
  (E) 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. 6434--A                          3

  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. THE  PROVISIONS  OF
SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW, SECTION THIR-
TY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW AND THE PROVISIONS OF ANY
GENERAL, SPECIAL OR LOCAL LAW OR CHARTER REQUIRING AS A CONDITION PRECE-
DENT TO COMMENCEMENT 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
AGAINST ANY PERSON WHO HIMSELF OR HERSELF ENGAGED IN  ACTS  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 255.26 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, FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION
SUFFERED AS A RESULT OF SUCH ACTS.
  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,  provided  that  section
three  of  this act shall take effect on the sixtieth day after this act
shall have become a law.

co-Sponsors

2011-S6434B (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §208, add §214-f, CPLR

2011-S6434B (ACTIVE) - Summary

Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law; establishes that incest in the first or second degree or use of a child in a sexual performance committed against a person less than eighteen years of age shall not begin to run until the person has reached the age of twenty-five or the offense is reported to law enforcement or the statewide central register of child abuse and maltreatment, whichever occurs earlier; allows civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered as a result of conduct that is a sex offense as defined in article 130 of the penal law; provides that incest or use of a child in a sexual performance committed against a child who was less that eighteen years of age at the time shall be allowed to be commenced seven years after the child reaches the age of twenty-five

2011-S6434B (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6434B

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the timeliness 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

PURPOSE:
Extends the statute of limitations in criminal and civil actions for
certain sex offenses committed against a child less than eighteen
years of age.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends 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.

Section two amends the opening paragraph of section 208 of the civil
practice law and rules is designated subdivision (a) and a new
subdivision (b) is added.

Section three amends the civil practice law and rules by adding a new
section 214-f.

Section four of the bill is a severability clause.

Section five is the effective date.

JUSTIFICATION:
Sexual abuse crimes against children are often going unreported until
the victim becomes an adult.
The current law structure in New York State restricts victims from
filing their grievances in both criminal and civil court after he/she
reaches 25 years of age. The bill would also going forward remove the
90 day notice of claims requirement against public institutions
involved with the sexual abuse claim. This bill provides victims of
certain sexual abuse crimes with greater opportunities to seek
redress for crimes committed against them.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:

This act shall take effect immediately, provided that section three of
this act shall take effect on the sixtieth day after this act shall
have become a law.

2011-S6434B (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6434--B

                            I N  S E N A T E

                            February 9, 2012
                               ___________

Introduced by Sens. LANZA, AVELLA -- 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  --  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; 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]
INCLUDING  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[,] AND second [or third] degree as defined
in sections 255.27[,] AND 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  performance  as  defined in section 263.05 of the penal law, the
period of limitation shall not begin to run until the child has  reached
the  age  of  [eighteen] TWENTY-FIVE 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
PERSON AGAINST A PERSON WHO HIMSELF OR HERSELF  ENGAGED  IN  ACTS  WHICH
WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN

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

                                                           LBD10643-09-2

S. 6434--B                          2

YEARS OF AGE, INCEST AS DEFINED IN SECTION 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, FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY
OR CONDITION SUFFERED AS A RESULT OF THE ABOVE MENTIONED ACTS, THE  TIME
WITHIN  WHICH  THE  ACTION  MUST BE COMMENCED SHALL BE EXTENDED TO SEVEN
YEARS AFTER THE PERSON REACHES THE AGE OF TWENTY-FIVE YEARS.
  S 3. 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. THE  PROVISIONS  OF
SECTIONS FIFTY-E AND FIFTY-I OF THE GENERAL MUNICIPAL LAW, SECTION THIR-
TY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW AND THE PROVISIONS OF ANY
GENERAL, SPECIAL OR LOCAL LAW OR CHARTER REQUIRING AS A CONDITION PRECE-
DENT TO COMMENCEMENT 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
AGAINST ANY PERSON WHO HIMSELF OR HERSELF ENGAGED IN  ACTS  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 255.26 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, FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION
SUFFERED AS A RESULT OF SUCH ACTS.
  S 4. 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 5. This act shall take effect immediately.

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Codes Committee

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co-Sponsors

Tony Avella

2011-S6434 - Details

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2011-S6434 - Bill Text download pdf

co-Sponsors

Tony Avella

2011-S6434A - Details

2011-S6434A - Summary

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co-Sponsors

Tony Avella

Kevin S. Parker

2011-S6434B (ACTIVE) - Details

2011-S6434B (ACTIVE) - Summary

2011-S6434B (ACTIVE) - Sponsor Memo

2011-S6434B (ACTIVE) - Bill Text download pdf

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