S T A T E O F N E W Y O R K
________________________________________________________________________
6150
2017-2018 Regular Sessions
I N A S S E M B L Y
February 27, 2017
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Introduced by M. of A. CUSICK, COLTON, FITZPATRICK, GUNTHER, TITONE,
SIMANOWITZ, BRINDISI, GIGLIO, McDONALD -- Multi-Sponsored by -- M. of
A. ABBATE, COOK, CROUCH, GRAF, LOPEZ, RAIA, THIELE -- 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; to amend the civil
practice law and rules, the general municipal law, the court of claims
act and the education law, in relation to the timeliness for commenc-
ing 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 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] TWENTY-THREE or the offense is reported to a law enforcement
agency or statewide central register of child abuse and maltreatment,
whichever occurs earlier.
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00296-01-7
A. 6150 2
PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
AS A RESULT OF CONDUCT OF A DEFENDANT 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, THE TIME WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL
BE EXTENDED TO FIVE YEARS AFTER THE PERSON REACHES THE AGE OF TWENTY-
THREE YEARS.
§ 3. Subdivision 8 of section 50-e of the general municipal law, as
amended by chapter 24 of the laws of 1988, is amended to read as
follows:
8. Inapplicability of section. (A) This section shall not apply to
claims arising under the provisions of the workers' compensation law,
the volunteer firefighters' benefit law, or the volunteer ambulance
workers' benefit law or to claims against public corporations by their
own infant wards.
(B) THIS SECTION SHALL NOT APPLY TO ANY CLAIM MADE FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF
CONDUCT OF A DEFENDANT 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 COMMITTED AGAINST A
CHILD LESS THAN EIGHTEEN YEARS OF AGE.
§ 4. Section 50-i of the general municipal law is amended by adding a
new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A DEFENDANT 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 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE.
§ 5. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
ICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A
DEFENDANT 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 COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE.
§ 6. Subdivision 2 of section 3813 of the education law, as amended by
chapter 346 of the laws of 1978, is amended to read as follows:
A. 6150 3
2. Notwithstanding anything to the contrary hereinbefore contained in
this section, no action or special proceeding founded upon tort shall be
prosecuted or maintained against any of the parties named in this
section or against any teacher or member of the supervisory or adminis-
trative staff or employee where the alleged tort was committed by such
teacher or member or employee acting in the discharge of his duties
within the scope of his employment and/or under the direction of the
board of education, trustee or trustees, or governing body of the school
unless a notice of claim shall have been made and served in compliance
with section fifty-e of the general municipal law. Every such action
shall be commenced pursuant to the provisions of section fifty-i of the
general municipal law, PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR
OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A DEFENDANT
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 COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE.
§ 7. 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, para-
graph, subdivision or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
§ 8. This act shall take effect immediately.