assembly Bill A5885A

2017-2018 Legislative Session

Provides for the timeliness of commencing criminal and civil action for sexual offenses committed against children

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Archive: Last Bill Status - Passed Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (16)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 01, 2018 referred to codes
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.420
returned to assembly
died in senate
Jun 07, 2017 referred to rules
delivered to senate
passed assembly
ordered to third reading rules cal.113
rules report cal.113
reported
Jun 06, 2017 reported referred to rules
Jun 02, 2017 print number 5885a
Jun 02, 2017 amend (t) and recommit to codes
Feb 16, 2017 referred to codes

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5885 - Details

See other versions of this Bill:
S6575
, A8421
, S6722
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §208, RR3211 & 3403, add §214-g, CPLR; amd §§50-e & 50-i, Gen Muni L; amd §10, Ct Claims Act; amd §3813, Ed L; amd §219-c, add §219-d, Judy L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10600
2019-2020: A2683, S2440

A5885 - Summary

Provides that the statute of limitations for criminal prosecution of a sexual offense committed against a child shall not begin to run until the child turns 23 years of age; provides that a civil action for conduct constituting a sexual offense against a child, shall be brought before the child turns 50 years of age; revives previously barred actions related to sexual abuse of children; grants civil trial preference to such actions (view more) eliminates the notice of claim requirements for such actions when the action is brought against a municipality, the state or a school district; requires judicial training relating to child abuse and the establishment of rules relating to civil actions brought for sexual offenses committed against children.

A5885 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5885

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2017
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, DINOWITZ, SEPULVEDA, ENGLEBRIGHT,
  GUNTHER, OTIS, JAFFEE, STIRPE, SIMOTAS, GALEF, HOOPER, MOSLEY,  JENNE,
  LIFTON,  BARRETT, PAULIN, ARROYO, WALKER, WEPRIN, BICHOTTE, O'DONNELL,
  SIMON, BLAKE, CAHILL, SEAWRIGHT, BARRON, BUCHWALD, BRONSON,  BRINDISI,
  HEVESI, HYNDMAN, ORTIZ, NOLAN, SKOUFIS, HARRIS, JONES -- read once and
  referred to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to the statute
  of limitations in criminal prosecution of a sexual  offense  committed
  against  a  child;  to  amend  the  civil  practice  law and rules, in
  relation to the statute of limitations for civil actions related to  a
  sexual offense committed against a child, reviving such actions other-
  wise  barred by the existing statute of limitations and granting trial
  preference to such actions; to amend the  general  municipal  law,  in
  relation  to  providing  that the notice of claim provisions shall not
  apply to such actions; to amend the court of claims act,  in  relation
  to providing that the notice of intention to file provisions shall not
  apply  to  such  actions;  to  amend the education law, in relation to
  providing that the notice of claim provisions shall not apply to  such
  actions;  to amend the social services law, in relation to designating
  members of the clergy as persons required to report cases of suspected
  child abuse or maltreatment;  and  to  amend  the  judiciary  law,  in
  relation  to  judicial training relating to sexual abuse of minors and
  rules reviving civil actions relating  to  sexual  offenses  committed
  against children

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A5885A (ACTIVE) - Details

See other versions of this Bill:
S6575
, A8421
, S6722
Current Committee:
Senate Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §208, RR3211 & 3403, add §214-g, CPLR; amd §§50-e & 50-i, Gen Muni L; amd §10, Ct Claims Act; amd §3813, Ed L; amd §219-c, add §219-d, Judy L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10600
2019-2020: A2683, S2440

A5885A (ACTIVE) - Summary

Provides that the statute of limitations for criminal prosecution of a sexual offense committed against a child shall not begin to run until the child turns 23 years of age; provides that a civil action for conduct constituting a sexual offense against a child, shall be brought before the child turns 50 years of age; revives previously barred actions related to sexual abuse of children; grants civil trial preference to such actions (view more) eliminates the notice of claim requirements for such actions when the action is brought against a municipality, the state or a school district; requires judicial training relating to child abuse and the establishment of rules relating to civil actions brought for sexual offenses committed against children.

A5885A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5885--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 16, 2017
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL, DINOWITZ, SEPULVEDA, ENGLEBRIGHT,
  GUNTHER, OTIS, JAFFEE, STIRPE, SIMOTAS, GALEF, HOOPER, MOSLEY,  JENNE,
  LIFTON,  BARRETT,  PAULIN,  ARROYO,  WALKER,  WEPRIN, BICHOTTE, SIMON,
  BLAKE, CAHILL, SEAWRIGHT, BARRON, BUCHWALD, BRONSON, BRINDISI, HEVESI,
  HYNDMAN, ORTIZ, NOLAN, SKOUFIS, HARRIS, JONES, CARROLL, RIVERA, GLICK,
  NIOU, DE LA ROSA, PRETLOW, GOTTFRIED, D'URSO, VANEL, HIKIND, TITUS  --
  Multi-Sponsored  by  --  M.  of  A.  PEOPLES-STOKES  --  read once and
  referred to the Committee  on  Codes  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the criminal procedure law, in relation to  the  statute
  of  limitations  in criminal prosecution of a sexual offense committed
  against a child; to  amend  the  civil  practice  law  and  rules,  in
  relation  to the statute of limitations for civil actions related to a
  sexual offense committed against a child, reviving such actions other-
  wise barred by the existing statute of limitations and granting  trial
  preference  to  such  actions;  to amend the general municipal law, in
  relation to providing that the notice of claim  provisions  shall  not
  apply  to  such actions; to amend the court of claims act, in relation
  to providing that the notice of intention to file provisions shall not
  apply to such actions; to amend the  education  law,  in  relation  to
  providing  that the notice of claim provisions shall not apply to such
  actions; and to amend the  judiciary  law,  in  relation  to  judicial
  training  relating  to sexual abuse of minors and rules reviving civil
  actions relating to sexual offenses committed against children

  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10047-03-7

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