NY State Senate Bill 2017-S6575

Senate Bill S6575

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 - In Senate Committee Codes 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to codes
Jun 05, 2017	referred to rules

co-Sponsors

2017-S6575 (ACTIVE) - Details

See other versions of this Bill:: A8421 ,; A5885 ,; 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 2019-2020 Legislative Session:: S2440

2017-S6575 (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

2017-S6575 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6575

 TITLE OF BILL :  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 otherwise 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

 PURPOSE OR GENERAL IDEA OF BILL :

The bill amends the Criminal Procedure Law and the Civil Practice Laws
and Rules to extend the statutes of limitations in criminal and civil
cases involving the sexual abuse of children. It also amends the Civil
Practice Law and Rules to allow, under certain circumstances, the
revival of previously time barred civil actions which allege conduct

representing the commission of certain sexual offenses committed
against a child less than eighteen years of age.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Amends the statute of limitations in criminal actions
alleging a sex crime against a child under the age of 18. Currently,
all B felony sex crimes have no statute of limitations, and for other
sex crime felonies, a five year statute of limitations starts to run
when the victim turns 18. For misdemeanors, current law contains a two
year statute of limitations, which also starts to run at age 18.  This
section applies to all sex crimes against children which have a
statute of limitations and starts the statute running at age 23 of the
victim, instead of 18. The statute of limitations in criminal matters
is not itself changed, just when the statute of limitations clock
starts to run.

Section 2. Amends the statute of limitations in civil actions which
allege conduct which would constitute a sex crime against a child
under the age of 18. Currently, the statute of limitations typically
begins to run when the victim turns 18. This section, as amended, now
permits an action to be commenced on or before the victim reaches 50
years of age.

Section 3. Allows for time barred actions in which such conduct is
alleged to be revived, and not be barred by any statute of limitation
otherwise existing in law. Such revival can only take place within a
one year window which commences six months from the effective date of
the act.

Section 4. Sets standards for motions to dismiss such revived actions,
and to dismiss certain affirmative defenses in these actions. In any
such action, an affirmative defense in equity alleging lathes, delay,
or material impairment in the defense of investigation of the claim
must be supported by a certificate of merit submitted by a person with
knowledge of the facts.

Section 5. Establishes a special trial preference for cases which have
been revived pursuant to this Act.

Sections 6, 7, 8, and 9 remove notice of claim requirements in actions
alleging damages resulting from the commission of certain sexual
offenses against governmental entities, thus putting governmental and
non-governmental defendants on an equal footing. Present law, which
requires that a notice of claim must first be served prior to
commencing such actions, would not apply to these types of actions.

Section 10. Would require the office of court administration to
provide training for judges concerning crimes involving the sexual
abuse of minors.

Section 11. Would require the chief administrator of the courts to
promulgate rules concerning the timely adjudication of claims revived
pursuant to Section 3.

 JUSTIFICATION :

The societal plague of sexual abuse against minors is now
well-documented. Also well-established is how certain abusers -
sometimes aided by institutional enablers and facilitators - have been
successful in covering up their heinous acts against children, either
by guile, threats, intimidation, and/or attacks upon child-victims.

Compounding the effects of these crimes against children has been the
consistent locking of the courthouse door to child Sex abuse victims
who wish to have their day in court against their abusers, typically
as a result of the passage of time in bringing these claims. Indeed,
Judge Carmen Ciparick, writing for the Court of Appeals, Stated that
if victims of child sex abuse are to be able to obtain judicial
relief, the Legislature must first amend our existing statute of
limitations laws accordingly (Zumpano v Quinn, 6 NY3d 666, 677 (2006)
("Any exception to be made to allow these types of claims to proceed
outside of the applicable statutes of limitations would be for the
Legislature, as other states have done.")).

This bill represents just such a legislative exception. The bill is a
legislative acknowledgment of the unique character of sex crimes
against children, which can have a multitude of effects upon victims,
including being justifiably delayed in otherwise timely taking action
against their abusers and/or those who facilitated in their abuse. The
bill sets up a specific framework for the revival of actions in which
the courthouse door has been closed to victims, whether or not a
victim previously attempted to litigate in the face of the
aforementioned clearly stated legal authority against them.

The bill requires that affirmative defenses of, for example, 'aches,
be supported by a certificate of merit submitted by a person with
knowledge outlining the basis for the defense. Further, the bill
provides for particularized judicial training for judges concerning
issues unique to the adjudication of sex crimes committed against
minors.

In sum, it was an extraordinary confluence of events which resulted in
the systematic sexual abuse of minors coming to light, and this has
resulted in this bill, which seeks to allow victims to have their day
in court and prove their claims.

 PRIOR LEGISLATIVE HISTORY :

2016- A.10600(Markey)- Reported to Rules
2016- A.2872(Markey)- Referred to Codes
2015- A.2872(Markey)- Reported to Rules
2014- A.1771A(Markey)- Referred to Codes
2013- A.1771(Markey)- Referred to Codes
2012- A.10814(Markey)- Referred to Codes
2011- A.10814(Markey)- Referred to Codes
2010- A.2596 (Markey)- Referred to Codes
2009- A.2596(Markey) Third Reading
2008- A.4560B(Markey)- Passed Assembly
2007- A.4560B(Markey)- Passed Assembly
2006- A.11723(Markey)- Passed Assembly

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

To be determined.

 EFFECTIVE DATE :
Immediately, except that section ten shall take effect six months
after becoming law, provided that training for revived cases shall
commence three months after becoming law; and section eleven shall
take effect three months after becoming law.

2017-S6575 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6575
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2017
                                ___________
 
 Introduced  by  Sens. HOYLMAN, STEWART-COUSINS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Rules
 
 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:
   (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
 defined in article one hundred thirty of the penal  law,  other  than  a
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10047-04-7

 S. 6575                             2
 
 [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 AGAINST ANY PARTY ALLEGING
 INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS 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  AND  SIX  MONTHS  AFTER  THE  EFFECTIVE DATE OF THIS SECTION,
 SUBJECT TO PARAGRAPH TWO OF SUBDIVISION (I) OF RULE  THIRTY-TWO  HUNDRED
 ELEVEN  OF THIS CHAPTER. IN ANY SUCH CLAIM OR ACTION, IN ADDITION TO ANY
 OTHER DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE  IN  ACCORD-
 ANCE  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.

 S. 6575                             3
 
   §  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:
   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

 S. 6575                             4

 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.  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.
   §  11.  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.
   § 12. The provisions of this  act  shall  be  severable,  and  if  any
 clause,  sentence,  paragraph,  subdivision or part of this act shall be
 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-

 S. 6575                             5

 graph,  subdivision or part thereof directly involved in the controversy
 in which such judgment shall have been rendered.
   §  13. This act shall take effect immediately; except that section ten
 of this act shall take effect six  months  after  this  act  shall  have
 become  a law; provided, however, that training for cases brought pursu-
 ant 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  eleven  of  this  act  shall  take
 effect three months after this act shall have become a law.

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Senate Bill S6575

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Sponsored By

Brad Hoylman-Sigal

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Andrea Stewart-Cousins

John E. Brooks

Timothy M. Kennedy

Luis R. Sepúlveda

2017-S6575 (ACTIVE) - Details

2017-S6575 (ACTIVE) - Summary

2017-S6575 (ACTIVE) - Sponsor Memo

2017-S6575 (ACTIVE) - Bill Text download pdf

Comments