NY State Senate Bill S2440

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2019	signed chap.11
Feb 07, 2019	delivered to governor
Jan 28, 2019	returned to senate passed assembly ordered to third reading rules cal.20 substituted for a2683 referred to codes delivered to assembly passed senate ordered to third reading cal.91 reported and committed to rules
Jan 24, 2019	referred to judiciary

Votes

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Jan 28, 2019 - floor Vote

S2440

floor

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Nay

Absent

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Jan 28, 2019 - Judiciary committee Vote

S2440

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 28, 2019 - Rules committee Vote

S2440

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

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S2440 (ACTIVE) - Details

See Assembly Version of this Bill:: A2683
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §208, R3403, 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
2017-2018: S6575, A5885

S2440 (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 55 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.

S2440 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2440

SPONSOR: HOYLMAN
 
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 prefer-
ence 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

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends prospectively the statute of limitations in criminal
actions alleging a sexual offense against a child under the age of 18.
Currently, certain specified class A and class B felony sexual offenses
have no statute of limitations, and for other felony sexual offenses, a
five year statute of limitations starts to run when the victim turns 18.
For misdemeanors, current law contains a two year statute of limita-
tions, which also starts to run at age 18. This section applies to all
sexual offenses against children which have a statute of limitations and
increases the start of the statute running by five years to the victim's
23rd birthday.

Section 2. Amends prospectively the statute of limitations in civil
actions alleging conduct which would constitute a sexual offense against
a child under the age of 18. Under current law, the statute of limita-
tions typically begins to run when the victim turns 18, and the statute
of limitations ranges from one year to five years depending on the type
of claim being brought. This section, as amended, now permits all civil
claims or causes of action brought for physical, psychological or other
injury or condition suffered as a result of conduct which would consti-
tute a sexual offense against a child against any party whose inten-
tional or negligent acts or omissions are alleged to have resulted in
the commission of that conduct up until the victim reaches 55 years of
age. This section explicitly applies notwithstanding any other section
of law pertaining to the filing of a notice of claim or a notice of
intention to file a claim as a condition precedent to bringing a civil
action against a public institution.

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 or
notice of claim requirement 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. This section explicitly applies notwith-
standing any other section of law pertaining to the filing of a notice
of claim or a notice of intention to file a claim as a condition prece-
dent to bringing a civil action against a public institution. This
section also makes clear that any revived civil actions brought during
the one year window that were previously dismissed due to being time-
barred or for failure to file a notice of claim or a notice of intention
to file a claim shall not be dismissed on those grounds

Section 4. Establishes a special trial preference for cases which have
been revived pursuant to this act.

Sections 5, 6, 7, and 8. 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 for any civil actions
brought after the effective date of this act, including during the one
year revival window. Current 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 9. Requires the Office of Court Administration to provide train-
ing for judges concerning crimes involving the sexual abuse of minors.

Section 10. Requires the Chief Administrator of the courts to promulgate
rules concerning the timely adjudication of claims revived pursuant to
Section 3.

 
JUSTIFICATION:

New York is one of the worst states in the nation for survivors of child
sexual abuse. New York currently requires most survivors to file civil
actions or criminal charges against their abusers by the age of 23 at
most, long before most survivors report or come to terms with their
abuse, which has been estimated to be as high as 52 years old on aver-
age. Because of these restrictive statutes of limitations, thousands of
survivors are unable to sue or press charges against their abusers, who
remain hidden from law enforcement and pose a persistent threat to
public safety.

This legislation would open the doors of justice to the thousands of
survivors of child sexual abuse in New York State by prospectively
extending the statute of limitations to age 28 for charging felony sexu-
al offenses, age 25 for charging misdemeanor sexual offenses, and age 55
for bringing civil actions for physical, psychological or other injury
suffered as a result of child sexual abuse against any party whose
intentional or negligent acts or omissions are alleged to have resulted
in the abuse.

This legislation would also establish a one-year window in which adult
survivors of child sexual abuse would be permitted to file civil
actions, even if the statute of limitations had already expired or, in
the case of civil actions against public institutions, a notice of claim
requirement had gone unmet.

Passage of the Child Victims Act will finally allow justice for past and
future survivors of child sexual abuse, help the public identify hidden
child predators through civil litigation discovery, and shift the
significant and lasting costs of child sexual abuse to the responsible
parties.

 
PRIOR LEGISLATIVE HISTORY:

S.6575 of 2017-2018 (Hoylman): Died in Codes
A.5885-A of 2017-2018 (Rosenthal): Passed Assembly
S.63-A of 2015-2016 (Hoylman): Died in Codes (Similar Legislation)
A.2872-A of 2015-2016 (Markey): Died in Codes (Similar Legislation)
S.6367 of 2014 (Hoylman): Died in Codes (Similar Legislation)
A.1771-A of 2013-2014 (Markey): Died in Codes (Similar Legislation)
A.10814-B of 2012 (Markey): Died in Codes (Similar Legislation)

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately; except that section nine 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 ten of this act shall take effect three months after
this act shall have become a law.

S2440 (ACTIVE) - Bill Text download pdf


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

    S. 2440                                                  A. 2683

                       2019-2020 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 24, 2019
                               ___________

IN  SENATE  --  Introduced  by  Sens. HOYLMAN, STEWART-COUSINS, ADDABBO,
  BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
  GIANARIS, GOUNARDES, HARCKHAM, JACKSON,  KAMINSKY,  KAPLAN,  KAVANAGH,
  KENNEDY,  KRUEGER,  LIU,  MARTINEZ,  MAY,  MAYER, METZGER, MONTGOMERY,
  MYRIE, PARKER, RAMOS, RIVERA,  SALAZAR,  SANDERS,  SAVINO,  SEPULVEDA,
  SERRANO,  SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed,
  and when printed to be committed to the Committee on Judiciary

IN ASSEMBLY -- Introduced by M. of A. L. ROSENTHAL,  DINOWITZ,  HEASTIE,
  PEOPLES-STOKES,  ENGLEBRIGHT,  GUNTHER, OTIS, JAFFEE, STIRPE, SIMOTAS,
  GALEF,  MOSLEY,  LIFTON,  BARRETT,  PAULIN,  ARROYO,  WALKER,  WEPRIN,
  BICHOTTE,  SIMON, BLAKE, CAHILL, SEAWRIGHT, BARRON, BUCHWALD, BRONSON,
  HEVESI, HYNDMAN, ORTIZ, NOLAN, JONES, CARROLL,  RIVERA,  GLICK,  NIOU,
  DE LA ROSA,  PRETLOW,  GOTTFRIED,  D'URSO,  VANEL, TITUS, JEAN-PIERRE,
  FERNANDEZ,  BENEDETTO,  CRUZ,  EPSTEIN,  FRONTUS,  GRIFFIN,  JACOBSON,
  QUART,  REYES,  RICHARDSON,  ROMEO, RYAN, SAYEGH, BURKE, STECK -- 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; 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08627-03-9

S. 2440                             2                            A. 2683

  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
[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 AND THE PROVISIONS OF ANY OTHER LAW PERTAIN-
ING TO THE FILING OF A NOTICE OF CLAIM OR A NOTICE OF INTENTION TO  FILE
A CLAIM AS A CONDITION PRECEDENT TO COMMENCEMENT OF AN ACTION OR SPECIAL
PROCEEDING, 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  COMMISSION  OF  SAID
CONDUCT,  ON OR BEFORE THE PLAINTIFF OR INFANT PLAINTIFF REACHES THE AGE
OF FIFTY-FIVE YEARS. 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 SECTIONS 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
AND THE PROVISIONS OF ANY OTHER LAW PERTAINING TO THE FILING OF A NOTICE
OF  CLAIM OR A NOTICE OF INTENTION TO FILE A CLAIM AS A CONDITION PRECE-
DENT TO COMMENCEMENT OF AN ACTION OR  SPECIAL  PROCEEDING,  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

S. 2440                             3                            A. 2683

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, AND/OR
THE PLAINTIFF PREVIOUSLY FAILED TO FILE A NOTICE OF CLAIM OR A NOTICE OF
INTENTION TO FILE A CLAIM, 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.  IN ANY SUCH
CLAIM OR ACTION: (A) 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
SECTIONS  OF  THE PENAL LAW SHALL APPLY; AND (B) DISMISSAL OF A PREVIOUS
ACTION, ORDERED BEFORE THE EFFECTIVE DATE OF THIS  SECTION,  ON  GROUNDS
THAT SUCH PREVIOUS ACTION WAS TIME BARRED, AND/OR FOR FAILURE OF A PARTY
TO  FILE  A  NOTICE  OF  CLAIM OR A NOTICE OF INTENTION TO FILE A CLAIM,
SHALL NOT BE GROUNDS FOR DISMISSAL OF A REVIVAL ACTION PURSUANT TO  THIS
SECTION.
  §  4. 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.
  §  5.  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.
  §  6. 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
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

S. 2440                             4                            A. 2683

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 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.
  § 8. 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.
  § 9. 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.
  § 10. 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.
  §  11.  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-
graph, subdivision or part thereof directly involved in the  controversy
in which such judgment shall have been rendered.

S. 2440                             5                            A. 2683

  § 12. This act shall take effect immediately; except that section nine
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 ten of this act shall  take  effect
three months after this act shall have become a law.

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The New York State Senate

senate Bill S2440

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Archive: Last Bill Status - Signed by Governor

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Jan 28, 2019 - floor Vote

Floor Vote: Jan 28, 2019

Jan 28, 2019 - Judiciary committee Vote

Judiciary Committee Vote: Jan 28, 2019

Jan 28, 2019 - Rules committee Vote

Rules Committee Vote: Jan 28, 2019

Co-Sponsors

S2440 (ACTIVE) - Details

S2440 (ACTIVE) - Summary

S2440 (ACTIVE) - Sponsor Memo

S2440 (ACTIVE) - Bill Text download pdf

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senate Bill S2440

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Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

Jan 28, 2019 - floor Vote

Floor Vote: Jan 28, 2019

Jan 28, 2019 - Judiciary committee Vote

Judiciary Committee Vote: Jan 28, 2019

Jan 28, 2019 - Rules committee Vote

Rules Committee Vote: Jan 28, 2019

Co-Sponsors

S2440 (ACTIVE) - Details

S2440 (ACTIVE) - Summary

S2440 (ACTIVE) - Sponsor Memo

S2440 (ACTIVE) - Bill Text download pdf

Comments