assembly Bill A2872A

2015-2016 Legislative Session

Revives civil actions for certain sex offenses committed against a person less than eighteen years of age

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2016 referred to codes
Jun 15, 2015 reported referred to rules
Jun 14, 2015 print number 2872a
Jun 14, 2015 amend (t) and recommit to codes
Jan 20, 2015 referred to codes

Co-Sponsors

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Multi-Sponsors

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A2872 - Details

See Senate Version of this Bill:
S63
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §208, R3211, add §214-f, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A10814
2013-2014: A1771, S6367

A2872 - Summary

Revives civil actions for certain sex offenses committed against a person less than eighteen years of age.

A2872 - Bill Text download pdf

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

                                  2872

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. MARKEY, SEPULVEDA, MILLER, ENGLEBRIGHT, GUNTHER,
  BRINDISI, ROBERTS, OTIS,  JAFFEE,  ROBINSON,  STIRPE,  AUBRY,  KEARNS,
  SIMOTAS,  CLARK,  GALEF,  HOOPER,  MOSLEY, RUSSELL, ROSENTHAL, LIFTON,
  BARRETT, NOJAY, PAULIN, PERRY, SKOUFIS, BROOK-KRASNY, COOK,  DINOWITZ,
  SALADINO,  GRAF,  LALOR  --  Multi-Sponsored  by -- M.   of A. ARROYO,
  BLANKENBUSH, BRENNAN, CERETTO, CROUCH, FAHY, GLICK, GOLDFEDER, HAWLEY,
  HEVESI, KATZ, LOPEZ, MAGEE, McDONOUGH, ORTIZ, PRETLOW, RIVERA,  TENNEY
  -- read once and referred 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01379-01-5

A. 2872                             2

Co-Sponsors

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Multi-Sponsors

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A2872A (ACTIVE) - Details

See Senate Version of this Bill:
S63
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §208, R3211, add §214-f, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A10814
2013-2014: A1771, S6367

A2872A (ACTIVE) - Summary

Revives civil actions for certain sex offenses committed against a person less than eighteen years of age.

A2872A (ACTIVE) - Bill Text download pdf

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

                                 2872--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by M. of A. MARKEY, SEPULVEDA, MILLER, ENGLEBRIGHT, GUNTHER,
  BRINDISI, ROBERTS, OTIS,  JAFFEE,  ROBINSON,  STIRPE,  AUBRY,  KEARNS,
  SIMOTAS,  CLARK,  GALEF,  HOOPER,  MOSLEY, RUSSELL, ROSENTHAL, LIFTON,
  BARRETT, NOJAY, PAULIN, PERRY, SKOUFIS, BROOK-KRASNY, COOK,  DINOWITZ,
  SALADINO,  GRAF,  LALOR,  PICHARDO, BRABENEC, ARROYO, PALUMBO, WALKER,
  KAMINSKY, LINARES, CURRAN, MURRAY, WEPRIN, JOHNS, BICHOTTE  --  Multi-
  Sponsored  by -- M. of A. BLANKENBUSH, BRENNAN, CERETTO, CROUCH, FAHY,
  GLICK, HAWLEY, HEVESI, KATZ, LOPEZ,  MAGEE,  ORTIZ,  PRETLOW,  RIVERA,
  SIMON,  TENNEY,  WOZNIAK -- read once and referred to the Committee on
  Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  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. 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
BY SUCH PERSON WHO WAS EIGHTEEN YEARS OF AGE OR  LESS  AS  A  RESULT  OF
CONDUCT  WHICH  WOULD  CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST  SUCH  PERSON  WHO
WAS  LESS  THAN  EIGHTEEN  YEARS  OF  AGE,  INCEST AS DEFINED IN SECTION
255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST SUCH  PERSON
WHO  WAS LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF SUCH PERSON 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01379-07-5

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