NY State Senate Bill 2011-S3333

Senate Bill S3333

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to codes
Feb 17, 2011	referred to codes

2011-S3333 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §208, add §3012-b, CPLR; amd §50-i, Gen Muni L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S3578
2013-2014: S836
2015-2016: S3744

2011-S3333 (ACTIVE) - Summary

Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law, incest 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-three 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, incest or use of a child in a sexual performance committed against a child who was less than eighteen years of age at the time shall be allowed to be commenced five years after the child reaches the age of twenty-three; revives for 1 year, any such civil claim or cause of action which was barred because the applicable statute of limitations expired.

2011-S3333 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3333

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the timeliness of
prosecutions for certain sex offenses; to amend the civil practice
law and rules, in relation to the timeliness for commencing
certain civil actions
related to sex offenses; and to amend the general municipal law, in
relation to claims against a city, county, town, village, fire district
or school district

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 then eighteen years of age or the use
of a child in a sexual performance.

SUMMARY OF PROVISIONS:

Section one of the bill amends the Criminal Procedure Law to increase
the criminal statute of limitation for the prosecution of certain sex
offenses committed against a child under the age of eighteen, for
incest against a child less then 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 23 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 limitation
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
255.25, 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. Such an
action must be commenced when one knows or should have known that the
criminal act cause injury within three years of the discovery of the
injury.

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
255.25, 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. 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, regardless of
their age, in which to bring an action to recover damages for any
past instance of child sexual abuse. 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 3 victim of sexual
abuse. The complaint shall be accompanied by a certificate of merit
as described in subdivision (c) of this section.

Section four of the bill states that the notice of claim provisions
for a city, county, town, village, fire district or school district
outlined in Section 50 of the general municipal law will not apply to
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.

Section 5 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:
Sex crimes, particularly those committed against children, are among
the most heinous and deeply disturbing in our society. They are
crimes that leave life-long scars, multiple victims and require an
all encompassing strategy to combat. This proposal would extend the
authority to prosecute and to bring a civil lawsuit for damages in
child sexual abuse cases in three significant ways, regardless of
whether or not DNA evidence is available. This bill will provide a
remedy for those whose lives have been unalterably changed by -he
horror of childhood sexual abuse. victims of these horrific crimes
will get their day in court and be able to seek the justice they have
been denied.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

2011-S3333 (ACTIVE) - Bill Text download pdf

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

                                  3333

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 17, 2011
                               ___________

Introduced  by  Sen.  DUANE  -- 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; to amend the civil
  practice law and rules, in relation to the timeliness  for  commencing
  certain civil actions related to sex offenses; and to amend the gener-
  al  municipal law, in relation to claims against a city, county, town,
  village, fire district or school district

  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01201-01-1

S. 3333                             2

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  WHICH THE ACTION MUST BE COMMENCED SHALL BE WHEN ONE KNOWS OR
REASONABLY SHOULD HAVE KNOWN OF THE ALLEGED CRIMINAL ACT  AND  KNOWS  OR
SHOULD HAVE KNOWN THAT THE CRIMINAL ACT CAUSED INJURY WITHIN THREE YEARS
OF THE DISCOVERY OF THE INJURY.
  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.
  (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-
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. Section 50-i of the general municipal law is amended by adding a
new subdivision 5 to read as follows:

S. 3333                             3

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

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