S T A T E O F N E W Y O R K
________________________________________________________________________
809
2017-2018 Regular Sessions
I N S E N A T E
January 5, 2017
___________
Introduced by Sens. HOYLMAN, STEWART-COUSINS, CARLUCCI, COMRIE, DILAN,
GIANARIS, KAMINSKY, KENNEDY, KLEIN, KRUEGER, MONTGOMERY, PARKER,
PERALTA, PERKINS, RIVERA, SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY
-- 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.
§ 2. The civil practice law and rules is amended by adding a new
section 214-g to read as follows:
§ 214-G. CERTAIN CHILD SEXUAL ABUSE CASES. NOTWITHSTANDING ANY
PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITATION TO THE CONTRARY,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05565-02-7
S. 809 2
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.
§ 3. 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.
§ 4. Section 10 of the court of claims act is amended by adding a new
subdivision 3-c to read as follows:
3-C. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY,
INCLUDING ANY OTHER SUBDIVISION OF THIS SECTION, REQUIRING AS A CONDI-
TION PRECEDENT TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING THAT A
NOTICE OF CLAIM BE FILED OR PRESENTED, ANY CAUSE OF ACTION BROUGHT BY
ANY PERSON AGAINST AN OFFICER OR EMPLOYEE OF THE STATE 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 EIGHTEEN YEARS OF AGE,
MAY BE COMMENCED AT ANY TIME.
§ 5. Section 50-i of the general municipal law is amended by adding a
new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY,
INCLUDING ANY OTHER SUBDIVISION OF THIS SECTION, SECTION FIFTY-E OF THIS
ARTICLE, SECTION THIRTY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW, AND
THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR CHARTER REQUIRING
AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR SPECIAL
PROCEEDING THAT A NOTICE OF CLAIM BE FILED OR PRESENTED, ANY CAUSE OF
ACTION BROUGHT BY ANY PERSON AGAINST A CITY, COUNTY, TOWN, VILLAGE, FIRE
S. 809 3
DISTRICT OR SCHOOL DISTRICT 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 EIGHTEEN YEARS OF AGE, MAY BE COMMENCED AT ANY TIME.
§ 6. 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.
§ 7. This act shall take effect immediately.