Assembly Bill A3805

2017-2018 Legislative Session

Revives causes of action for the sexual assault of an infant which have been barred by the statute of limitations

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2017-A3805 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §215-a, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: A3830
2011-2012: A557
2013-2014: A4483
2015-2016: A2709
2019-2020: A6935

2017-A3805 (ACTIVE) - Summary

Revives causes of action for the sexual assault of an infant which have been barred by the statute of limitations; provides a one year window for such causes of action to be brought.

2017-A3805 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3805
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced by M. of A. LENTOL -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the civil practice law and rules, in relation to actions
   for  sexual  assault of an infant and providing for the repeal of such
   provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 215-a to read as follows:
   § 215-A. ACTIONS FOR SEXUAL ASSAULT OF AN INFANT.  NOTWITHSTANDING ANY
 PROVISION  OF  LAW  TO THE CONTRARY, ANY CAUSE OF ACTION FOR PHYSICAL OR
 PSYCHOLOGICAL INJURY SUSTAINED BY A PERSON UNDER EIGHTEEN YEARS  OF  AGE
 AS  A RESULT OF A SEXUAL ASSAULT, WHICH IS BARRED BECAUSE THE STATUTE OF
 LIMITATIONS HAS EXPIRED, IS HEREBY REVIVED, AND AN ACTION THEREON MAY BE
 COMMENCED WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION. FOR THE
 PURPOSES OF THIS SECTION, SEXUAL ASSAULT  SHALL  BE  A  SEX  OFFENSE  AS
 DEFINED UNDER ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW OR A PREDECES-
 SOR  STATUTE AT THE TIME OF THE ACT. ANY SUCH CAUSE OF ACTION PREVIOUSLY
 DISMISSED BECAUSE OF THE STATUTE OF LIMITATIONS  MAY  BE  BROUGHT  UNDER
 THIS  SECTION  NOTWITHSTANDING  SUCH  DISMISSAL.  THE PROVISIONS OF THIS
 SECTION SHALL BE INAPPLICABLE TO ANY CIVIL ACTION GOVERNED BY THE  STAT-
 UTE OF LIMITATIONS OF ANOTHER JURISDICTION.
   §  2. This act shall take effect immediately and shall expire one year
 after such effective date, when upon such date the  provisions  of  this
 act  shall  be deemed repealed; and provided that the provisions of this
 act shall apply to causes of action pending or commenced on or after the
 effective date of this act.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03433-01-7

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