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:
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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.