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.
              

                                                            LBD10047-01-7

 A. 5885                             2
 
 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  ANY  PROVISION  OF LAW WHICH IMPOSES A PERIOD OF
 LIMITATION TO THE CONTRARY, 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 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  255.27,  255.26  OR
 255.25  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,
 SUCH  ACTION  MAY  BE  COMMENCED, AGAINST ANY PARTY WHOSE INTENTIONAL OR
 NEGLIGENT ACTS OR OMISSIONS ARE ALLEGED TO HAVE RESULTED IN THE  COMMIS-
 SION  OF  SAID  CONDUCT,  ON OR BEFORE THE PLAINTIFF OR INFANT PLAINTIFF
 REACHES THE AGE OF FIFTY YEARS. IN ANY SUCH CLAIM OR ACTION, IN ADDITION
 TO ANY OTHER DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY  BE  AVAILABLE  IN
 ACCORDANCE WITH LAW, RULE OR THE COMMON LAW, TO THE EXTENT THAT THE ACTS
 ALLEGED  IN  SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF
 SECTION 130.30 OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45  OF
 THE  PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN THE
 CLOSING PARAGRAPH OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
   § 3. 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,
 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 255.27, 255.26 OR
 255.25 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 NOT EARLIER THAN SIX MONTHS AFTER, AND NOT LATER THAN
 ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, SUBJECT TO  PARAGRAPH
 TWO  OF  SUBDIVISION (I) OF RULE THIRTY-TWO HUNDRED ELEVEN OF THIS CHAP-
 TER. IN ANY SUCH CLAIM OR ACTION, IN ADDITION TO ANY OTHER  DEFENSE  AND
 AFFIRMATIVE  DEFENSE  THAT MAY BE AVAILABLE IN ACCORDANCE WITH LAW, RULE

 A. 5885                             3
 
 OR THE COMMON LAW, TO THE EXTENT THAT THE ACTS ALLEGED  IN  SUCH  ACTION
 ARE  OF  THE  TYPE DESCRIBED IN SUBDIVISION ONE OF SECTION 130.30 OF THE
 PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF  THE  PENAL  LAW,  THE
 AFFIRMATIVE  DEFENSES  SET FORTH, RESPECTIVELY, IN THE CLOSING PARAGRAPH
 OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
   § 4. Rule 3211 of the civil practice  law  and  rules  is  amended  by
 adding a new subdivision (i) to read as follows:
   (I)  MOTIONS TO DISMISS AND MOTIONS TO DISMISS AFFIRMATIVE DEFENSES IN
 CERTAIN ACTIONS IN WHICH CONDUCT CONSTITUTING THE COMMISSION OF  CERTAIN
 SEXUAL  OFFENSES ARE ALLEGED. 1. IN ANY ACTION WHERE THE PLAINTIFF SEEKS
 TO REVIVE AN ACTION PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G  OF  THIS
 CHAPTER AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION WHICH HAD BEEN TIME
 BARRED, ANY AFFIRMATIVE DEFENSE OF LACHES, DELAY, OR MATERIAL IMPAIRMENT
 IN  THE  DEFENSE  OR  INVESTIGATION  OF THE CLAIM MUST BE SUPPORTED BY A
 CERTIFICATE OF MERIT SUBMITTED BY A PERSON WITH KNOWLEDGE OF  THE  FACTS
 SETTING  FORTH THE SPECIFIC MANNER IN WHICH THE DEFENSE OR INVESTIGATION
 HAS BEEN AFFECTED. SAID CERTIFICATE MUST BE FILED AT OR BEFORE THE  TIME
 IN WHICH THE ANSWER IS SERVED, UNLESS OTHERWISE PROVIDED BY ORDER OF THE
 COURT.
   2. UPON MOTION BY ANY PARTY, THE COURT SHALL DETERMINE BY A PREPONDER-
 ANCE  OF THE EVIDENCE, WHETHER DEFENDANT HAS SUSTAINED HIS OR HER BURDEN
 OF PROOF ON ANY MOTION TO DISMISS  THE  ACTION  OR  ON  ANY  AFFIRMATIVE
 DEFENSE IN WHICH IT IS ALLEGED THAT PREJUDICE HAS BEEN CAUSED TO DEFEND-
 ANT  IN  THE  INVESTIGATION  OR DEFENSE OF THE ACTION DIRECTLY RESULTING
 FROM A DELAY IN COMMENCING THE ACTION. A DEFENDANT SHALL NOT  BE  DEEMED
 PREJUDICED SOLELY ON ACCOUNT OF THE PASSAGE OF TIME.
   3.  FURTHERMORE,  IN ANY SUCH ACTION, IN ADDITION TO ANY OTHER DEFENSE
 AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN  ACCORDANCE  WITH  LAW,
 RULE  OR  THE  COMMON  LAW,  TO THE EXTENT THAT THE ACTS ALLEGED IN SUCH
 ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF SECTION 130.30 OF
 THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF THE PENAL LAW, THE
 AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN THE  CLOSING  PARAGRAPH
 OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
   §  5. Subdivision (a) of rule 3403 of the civil practice law and rules
 is amended by adding a new paragraph 7 to read as follows:
   7. ANY ACTION WHICH HAS BEEN REVIVED PURSUANT TO SECTION  TWO  HUNDRED
 FOURTEEN-G OF THIS CHAPTER.
   §  6.  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  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 255.27, 255.26 OR
 255.25 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. Section 50-i of the general municipal law is amended by adding a
 new subdivision 5 to read as follows:

 A. 5885                             4
 
   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 WHICH WOULD  CONSTI-
 TUTE  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 255.27, 255.26 OR 255.25 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.
   §  8. 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 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 255.27, 255.26 OR  255.25  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.
   § 9. 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:
   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  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 255.27, 255.26 OR 255.25 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.
   § 10. Paragraph (a) of subdivision 1 of  section  413  of  the  social
 services  law, as separately amended by chapters 126 and 205 of the laws
 of 2014, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an

 A. 5885                             5
 
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
 licensed  behavior analyst; certified behavior analyst assistant; hospi-
 tal personnel engaged in the admission, examination, care  or  treatment
 of  persons;  a  Christian  Science practitioner; school official, which
 includes but is not limited to school teacher, school  guidance  counse-
 lor,  school  psychologist,  school  social worker, school nurse, school
 administrator or other school personnel required to hold a  teaching  or
 administrative  license  or  certificate;  full or part-time compensated
 school employee required to hold a temporary coaching license or profes-
 sional coaching certificate; social services worker; director of a chil-
 dren's overnight camp, summer day camp or traveling summer day camp,  as
 such  camps  are  defined  in section thirteen hundred ninety-two of the
 public health law; day care center worker; school-age child care worker;
 provider of family or group family day care; employee or volunteer in  a
 residential  care  facility  for children that is licensed, certified or
 operated by the office of children and family  services;  or  any  other
 child  care or foster care worker; mental health professional; substance
 abuse counselor; alcoholism counselor; all persons credentialed  by  the
 office  of alcoholism and substance abuse services; MEMBER OF THE CLERGY
 OF ANY RELIGION, INCLUDING BUT NOT LIMITED TO A CLERGYMAN  AND  MINISTER
 AS  SUCH  TERMS ARE DEFINED IN SECTION TWO OF THE RELIGIOUS CORPORATIONS
 LAW, AND SHALL ALSO INCLUDE  ANY  PERSON  RESPONSIBLE  FOR  THE  HIRING,
 RETENTION,  OR  SUPERVISING  OF SUCH MEMBER OF THE CLERGY OF A RELIGIOUS
 INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS  INSTI-
 TUTION;  peace  officer;  police officer; district attorney or assistant
 district attorney; investigator employed in the  office  of  a  district
 attorney; or other law enforcement official.
   §  11.  Subdivision  1  of  section  413 of the social services law is
 amended by adding a new paragraph (e) to read as follows:
   (E) UNLESS THE PERSON CONFESSING OR  CONFIDING  WAIVES  THE  PRIVILEGE
 AVAILABLE PURSUANT TO SECTION FORTY-FIVE HUNDRED FIVE OF THE CIVIL PRAC-
 TICE  LAW  AND  RULES, A MEMBER OF THE CLERGY OF ANY RELIGION, INCLUDING
 BUT NOT LIMITED TO A CLERGYMAN AND MINISTER AS DEFINED IN SECTION TWO OF
 THE RELIGIOUS CORPORATIONS LAW, SHALL NOT BE REQUIRED TO MAKE  A  REPORT
 AS  REQUIRED  BY  PARAGRAPH (A) OF THIS SUBDIVISION IF THE CONFESSION OR
 CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER  PROFESSIONAL  CHARACTER
 AS SPIRITUAL ADVISOR.
   §  12.  Section 219-c of the judiciary law, as added by chapter 506 of
 the laws of 2011, is amended to read as follows:
   § 219-c. Crimes involving sexual  assault  AND  THE  SEXUAL  ABUSE  OF
 MINORS;  judicial  training.  The  office  of court administration shall
 provide training for judges and justices with respect to crimes  involv-
 ing sexual assault, AND THE SEXUAL ABUSE OF MINORS.
   §  13.  The  judiciary law is amended by adding a new section 219-d to
 read as follows:
   § 219-D. RULES REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES AGAINST CHIL-
 DREN.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES  FOR
 THE  TIMELY  ADJUDICATION OF REVIVED ACTIONS BROUGHT PURSUANT TO SECTION
 TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES.
   § 14. The provisions of this  act  shall  be  severable,  and  if  any
 clause,  sentence,  paragraph,  subdivision or part of this act shall be

 A. 5885                             6
 
 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.
   § 15. This act shall take  effect  immediately;  except  that  section
 twelve  of  this  act  shall take effect six months after this act shall
 have become a law; provided, however, that training  for  cases  brought
 pursuant  to section 214-g of the civil practice law and rules, as added
 by section three of this act, shall commence three months after this act
 shall have become a law; and section thirteen of  this  act  shall  take
 effect three months after this act shall have become a law.