senate Bill S809

2017-2018 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

Current Bill Status - In Senate 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 20, 2017 committee discharged and committed to rules
Mar 02, 2017 notice of committee consideration - requested
Jan 05, 2017 referred to judiciary

Co-Sponsors

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S809 - Details

Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §208, add §214-g, CPLR; amd §30.10, CP L; amd §10, Ct Claims Act; amd §50-i, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:
S7296

S809 - Summary

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

S809 - Sponsor Memo

S809 - Bill Text download pdf

                    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.
  S 2. The civil practice law and rules  is  amended  by  adding  a  new
section 214-g to  read as follows:
  S  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