Senate Bill S809

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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-S809 (ACTIVE) - Details

Current Committee:
Senate Rules
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

2017-S809 (ACTIVE) - Summary

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

2017-S809 (ACTIVE) - Sponsor Memo

2017-S809 (ACTIVE) - 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.
   § 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.
              

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