senate Bill S7296

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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Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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 (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 13, 2016 referred to judiciary

Co-Sponsors

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S7296 (ACTIVE) - Details

See Assembly Version of this Bill:
A9877
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §208 & R3211, add §214-f, CPLR; amd §30.10, CP L; amd §10, Ct Claims Act; amd §50-i, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:
S809

S7296 (ACTIVE) - Summary

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

S7296 (ACTIVE) - Sponsor Memo

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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