The New York State Senate

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

                                  3809

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 21, 2013
                               ___________

Introduced  by  Sen.  ADAMS  -- 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] 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 or the offense is reported  to  a  law  enforcement  agency  or
statewide  central  register  of child abuse and maltreatment, whichever
occurs earlier] MAY BE COMMENCED AT ANY TIME.
  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  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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05811-01-3

S. 3809                             2

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,
SUCH ACTION MAY BE COMMENCED AT ANY TIME.
  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 ON OR BEFORE ONE YEAR AFTER THE EFFEC-
TIVE 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. 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, provided that section
three of this act shall take effect on the sixtieth day after  this  act
shall have become a law.