NY State Senate Bill 2015-S63A

Senate Bill S63A

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 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 04, 2016	notice of committee consideration - requested
Jan 06, 2016	referred to codes
Jun 15, 2015	print number 63a
Jun 15, 2015	amend (t) and recommit to codes
Apr 22, 2015	notice of committee consideration - requested
Jan 07, 2015	referred to codes

Bill Amendments

Original

A (Active)

co-Sponsors

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2015-S63 - Details

See Assembly Version of this Bill:: A2872
Current Committee:: Senate 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: S6367, A1771

2015-S63 - Summary

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

2015-S63 - Sponsor Memo

                                 BILL NUMBER:  S63

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

 SUMMARY OF PROVISIONS :

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) A prosecution
involving a sexual offense as defined in article 130 of the penal law,
other than a sexual offense delineated in paragraph (a) of subdivision
2 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 18 years of age, or use of a child in a sexual

performance as defined in section 263.05 of the penal law may be
commenced at any time.

Section 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: 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 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, such action may be commenced at
any time.

Section 3. The civil practice law and rules is amended by adding a new
section 3012-c to read as follows: 3012-c. Certain child sexual abuse
cases; certificate of merit. (a) Notwithstanding any provision of law
which imposes a period of limitation 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
130 of the penal law-committed against a child less than 15 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 18 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 18 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 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 153 of the education law; or a person in the
practice of mental health counseling, as defined in subdivision 1 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
opinions 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.

Section 4. Saving Clause.

Section 5. Effective date.

 JUSTIFICATION :

The Syracuse University, Penn State University, and the Horace Mann
school scandals have shown us that now more than ever we need to
change how we view the statute of limitations in cases of child sexual
abuse.

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. Victims of childhood sexual abuse do
not come to terms with their abuse until well into adulthood. Under
current law they have no recourse. By eliminating the statute of
limitations on childhood sexual abuse cases victims can bring their
claims regardless of whether Or not DNA evidence is available.

By eliminating the statute of limitations in childhood sexual abuse
cases, victims of these horrific crimes will get their day in court
and be able to seek the justice they have been denied.

 LEGISLATIVE HISTORY :

S.6367 of 2014 (Hoylman): Died in Codes A.1771-A of 2013-2014
(Markey): Died in Codes

 FISCAL IMPLICATIONS :

Undetermined

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

2015-S63 - Bill Text download pdf

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

                                   63

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. HOYLMAN, HASSELL-THOMPSON, KENNEDY, KRUEGER -- 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

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

                                                           LBD01379-01-5

S. 63                               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,
SUCH ACTION MAY BE COMMENCED AT ANY TIME.
  S  3.  The  civil  practice  law  and rules is amended by adding a new
section 3012-c to  read as follows:
  S 3012-C. 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-

S. 63                               3

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.

co-Sponsors

View additional co-sponsors

2015-S63A (ACTIVE) - Details

See Assembly Version of this Bill:: A2872
Current Committee:: Senate 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: S6367, A1771

2015-S63A (ACTIVE) - Summary

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

2015-S63A (ACTIVE) - Bill Text download pdf

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

                                  63--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. HOYLMAN, DILAN, ESPAILLAT, HASSELL-THOMPSON, KENNE-
  DY, KLEIN,  KRUEGER,  PANEPINTO,  PARKER,  PERALTA,  PERKINS,  RIVERA,
  STAVISKY  --  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 commit-
  tee

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,
WHICH CONDUCT WAS COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN  EIGH-
TEEN YEARS OF AGE, SUCH ACTION MAY BE COMMENCED AT ANY TIME.
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 214-f to  read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01379-08-5

S. 63--A                            2

  S 214-F. CERTAIN  CHILD  SEXUAL  ABUSE  CASES.    NOTWITHSTANDING  ANY
PROVISION  OF  LAW WHICH IMPOSES A PERIOD OF LIMITATION 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  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,  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 EFFECTIVE DATE OF THIS
SECTION, SUBJECT TO PARAGRAPH TWO OF SUBDIVISION (I) OF RULE  THIRTY-TWO
HUNDRED ELEVEN OF THIS CHAPTER.
  S  3.  Rule  3211  of  the  civil practice law and rules is amended by
adding a new subdivision (i) to read as follows:
  (I) 1. STANDARDS FOR MOTIONS TO DISMISS AND MOTIONS TO DISMISS  AFFIR-
MATIVE  DEFENSES  IN  CERTAIN ACTIONS IN WHICH THE COMMISSION OF CERTAIN
SEXUAL OFFENSES ARE ALLEGED. IN ANY ACTION COMMENCED AFTER THE EFFECTIVE
DATE OF THIS SUBDIVISION IN WHICH THE PLAINTIFF ALLEGES THAT HE  OR  SHE
HAS  BEEN THE VICTIM OF A SEXUAL OFFENSE AS SET FORTH IN SUBDIVISION (B)
OF SECTION TWO HUNDRED EIGHT OF THIS CHAPTER COMMITTED WHEN  THE  PLAIN-
TIFF WAS A CHILD UNDER THE AGE OF EIGHTEEN YEARS OF AGE:
  (I) WHERE THE PLAINTIFF IS TWENTY-THREE YEARS OF AGE OR OLDER WHEN THE
ACTION WAS COMMENCED, ANY AFFIRMATIVE DEFENSE OF LACHES, DELAY, OR MATE-
RIAL  IMPAIRMENT  IN THE DEFENSE OR INVESTIGATION OF THE CLAIM MUST ALSO
BE SUPPORTED BY A CERTIFICATE OF MERIT SUBMITTED BY A PERSON WITH  KNOW-
LEDGE  OF  THE  FACTS  SETTING  FORTH  THE  SPECIFIC MANNER IN WHICH THE
DEFENSE OR INVESTIGATION HAS BEEN AFFECTED.  SAID  CERTIFICATE  MUST  BE
FILED  AT OR BEFORE THE TIME IN WHICH THE ANSWER IS SERVED UNLESS OTHER-
WISE PROVIDED BY ORDER OF THE COURT; OR
  (II) WHERE THE PLAINTIFF SEEKS TO REVIVE AN ACTION PURSUANT TO SECTION
TWO HUNDRED FOURTEEN-F OF THIS CHAPTER AFTER THE EFFECTIVE DATE OF  THIS
SUBDIVISION WHICH HAD BEEN TIME BARRED, ANY AFFIRMATIVE DEFENSE OF LACH-
ES, DELAY, OR MATERIAL IMPAIRMENT IN THE DEFENSE OR INVESTIGATION OF THE
CLAIM  MUST  ALSO  BE SUPPORTED BY A CERTIFICATE OF MERIT SUBMITTED BY A
PERSON WITH KNOWLEDGE OF THE FACTS SETTING FORTH THE SPECIFIC MANNER  IN
WHICH  THE  DEFENSE OR INVESTIGATION HAS BEEN AFFECTED. SAID CERTIFICATE
MUST BE FILED AT OR BEFORE THE TIME  IN  WHICH  THE  ANSWER  IS  SERVED,
UNLESS OTHERWISE PROVIDED BY ORDER OF THE COURT.
  2. UPON MOTION BY ANY PARTY, THE COURT SHALL DETERMINE BY A PREPONDER-
ANCE  OF THE EVIDENCE, WHETHER DEFENDANT HAS SUSTAINED HIS OR HER BURDEN
OF PROOF ON ANY MOTION TO DISMISS  THE  ACTION  OR  ON  ANY  AFFIRMATIVE
DEFENSE IN WHICH IT IS ALLEGED THAT PREJUDICE HAS BEEN CAUSED TO DEFEND-
ANT  IN  THE  INVESTIGATION  OR DEFENSE OF THE ACTION DIRECTLY RESULTING
FROM A DELAY IN COMMENCING THE ACTION. A DEFENDANT SHALL NOT  BE  DEEMED
PREJUDICED SOLELY ON ACCOUNT OF THE PASSAGE OF TIME.
  3.  ANY  SUCH  AFFIRMATIVE  DEFENSE  SHALL  BE DISMISSED, AND ANY SUCH
MOTION TO DISMISS THE ACTION DENIED, IF THE COURT FINDS  THAT  PLAINTIFF
ACTED  IN  GOOD FAITH AND WITH DUE DILIGENCE IN PURSUING THE CLAIM UNDER
THE CIRCUMSTANCES,  WHICH  SHALL  INCLUDE  WHETHER  DEFENDANT  TOOK  ANY
ACTIONS  TO  IMPEDE  OR DELAY ANY INVESTIGATION OR PREVENT DISCLOSURE OF
THE FACTS ALLEGED TO THE PLAINTIFF OR TO THE GENERAL PUBLIC, AS WELL  AS

S. 63--A                            3

WHETHER  PLAINTIFF  TOOK  ANY  ACTIONS WHICH DELIBERATELY PREJUDICED THE
DEFENSE OR INVESTIGATION OF THE CLAIM.  NOTHING HEREIN SHALL  LIMIT  THE
COURT, IN ITS DISCRETION, FROM RESERVING ANY DISPUTED ISSUES OF FACT FOR
LATER DISPOSITION BY THE FINDER OF FACT.
  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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Senate Bill S63A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

2015-S63 - Details

2015-S63 - Summary

2015-S63 - Sponsor Memo

2015-S63 - Bill Text download pdf

co-Sponsors

2015-S63A (ACTIVE) - Details

2015-S63A (ACTIVE) - Summary

2015-S63A (ACTIVE) - Bill Text download pdf

Comments