|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Apr 13, 2016||referred to judiciary|
senate Bill S7296
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7296 (ACTIVE) - Details
S7296 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7296 TITLE OF BILL : An act to amend the civil practice law and rules, the criminal procedure law, the court of claims act and the general municipal law, in relation to the timeliness for commencing certain civil actions related to sex offenses PURPOSE : This bill eliminates the statutes of limitation for prosecuting child sexual abuse crimes and filing civil lawsuits for damages against individuals, public institutions, and private institutions related to child sexual abuse. This act also creates a one-year revival period for previously time-barred civil actions which alleged conduct representing the commission of certain sexual offenses committed against a child less than eighteen years of age. SUMMARY OF PROVISIONS : Section 1. Amends section 208 of the civil practice law and rules to state that 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
S7296 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7296 I N S E N A T E April 13, 2016 ___________ Introduced by Sens. HOYLMAN, STEWART-COUSINS, COMRIE, DILAN, GIANARIS, KENNEDY, KRUEGER, PANEPINTO, PERALTA, PERKINS, RIVERA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, the criminal procedure law, the court of claims act and the general municipal law, 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: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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