NY State Senate Bill 2021-S7301

Archive: Last Bill Status - In Senate Committee Judiciary 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 05, 2022	referred to judiciary
Jul 23, 2021	referred to rules

2021-S7301 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-i, CPLR
Versions Introduced in 2023-2024 Legislative Session:: S4408

2021-S7301 (ACTIVE) - Summary

Extends the statute of limitations to bring a claim arising out of an alleged sexual offense by a law enforcement officer if the alleged offense occurred while the officer was employed by a law enforcement agency.

2021-S7301 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7301

SPONSOR: BIAGGI
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to certain
actions against law enforcement officers

 
PURPOSE OF BILL:

To extend the statute of limitations for civil claims originating from
sexual assault or harassment committed by a law enforcement officer.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends the civil practice law and rules by adding section
214-i, exempting alleged sexual offences that occurred when an officer
was employed by a law enforcement agency from all state and local notice
of claim requirements.

Extends the window of 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 by a law enforcement
officer to ten years after the date of judgment against a law enforce-
ment officer in a criminal case for a sexual offense, ten years after
the law enforcement officer is no longer employed by the law enforcement
agency that employed the officer when the alleged sexual offense
occurred, or three years from the date the plaintiff discovers or
reasonably should have discovered that an injury or illness resulted
from an act, attempted act, or assault.

Section 2 sets forth an effective date.

 
JUSTIFICATION:

Following the removal of statute 50A that shielded disciplinary investi-
gations from the public, New Yorkers are calling for more accountability
from those who are sworn to protect and serve them.(1) This accountabil-
ity must extend to acts of sexual harassment and assault committed by
police.

The ACLU references a survey(2) of 1,000 New York City youth, finding
that two out of every five women had been sexually harassed by police
officers. In 2015, a report from the Buffalo News(3) illustrated that
over the previous decade, instances of sexual misconduct cases committed
by police were occuring at least every five days. Victims of these sexu-
al crimes are often pitted against a daunting power dynamic and an
institution already rigged against them.

This bill is intended to level the playing field for survivors who expe-
rienced sexual assault or harassment by a police officer. By extending
the statute of limitations of civil lawsuits against police officers who
have committed sexual offenses, we will give victims the chance to
address this imbalance of power, and get the justice they deserve. This
bill would give victims who wish to bring a civil case for physical,
psychological or other injury or condition suffered as a result of
conduct by a law enforcement officer additional time to bring a case.
Victims would have ten years after the date of a judgement against a law
enforcement officer in a criminal case for a sexual offense, ten years
after the law enforcement officer is no longer employed by the law
enforcement agency that employed the officer when the alleged sexual
offense occurred, or three years from the date the plaintiff discovers
or reasonably should have discovered that an injury or illness resulted
from an act, attempted act, or assault.

 
LEGISLATIVE HISTORY:  New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


None.

 
EFFECTIVE DATE:
This act shall take effect immediately.
(1)https://bedfordandbowery.com/2020/06/will-the-repeal-of-50-a-
expose-the-fulletent-of-nypd-sexual-assaults/
(2)https://www.aclu.org/blog/womens-rights/women-and-criminal-
justice/nypd-police-officers-union-wants-keep-sexual
(3)https://buffalonews.com/opinion/editorial/sexual-abuse- by-a-few-
police-officers-is-a-stain-that-must-be-eradicated/
article_2daeb8de-317b-5d67-9fe3-b5caa9ad8 0c9.html

2021-S7301 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7301
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               July 23, 2021
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation to certain
   actions against law enforcement officers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-i to read as follows:
   § 214-I. CERTAIN ACTIONS AGAINST LAW ENFORCEMENT OFFICERS. (A) A CLAIM
 ARISING OUT OF AN ALLEGED SEXUAL OFFENSE BY A LAW ENFORCEMENT OFFICER IF
 THE  ALLEGED  OFFENSE  OCCURRED  WHILE THE OFFICER WAS EMPLOYED BY A LAW
 ENFORCEMENT AGENCY IS EXEMPTED FROM ALL STATE AND LOCAL NOTICE OF  CLAIM
 REQUIREMENTS.
   (B)  NOTWITHSTANDING  ANY  OTHER LIMITATION SET FORTH IN THIS ARTICLE,
 EXCEPT AS PROVIDED IN SUBDIVISION (B) OF SECTION TWO  HUNDRED  EIGHT  OF
 THIS ARTICLE, 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 BY A LAW  ENFORCEMENT  OFFICER  WHICH
 OCCURRED  ON OR AFTER THE PLAINTIFF'S EIGHTEENTH BIRTHDAY AND WHILE SUCH
 OFFICER WAS EMPLOYED BY A LAW ENFORCEMENT AGENCY WHICH WOULD  CONSTITUTE
 A SEXUAL OFFENSE, SUCH ACTION MAY BE COMMENCED AGAINST SUCH LAW ENFORCE-
 MENT OFFICER WITHIN THE LATER OF:
   1.  TEN  YEARS  AFTER  THE  DATE OF JUDGMENT AGAINST A LAW ENFORCEMENT
 OFFICER IN A CRIMINAL CASE FOR  A  SEXUAL  OFFENSE  WHERE  THE  JUDGMENT
 AGAINST SUCH LAW ENFORCEMENT OFFICER AROSE OUT OF THE SAME SET OF OPERA-
 TIVE FACTS AS THE ALLEGATION IN THE PRESENT CLAIM; OR
   2.  TEN  YEARS AFTER THE LAW ENFORCEMENT OFFICER IS NO LONGER EMPLOYED
 BY THE LAW ENFORCEMENT AGENCY THAT EMPLOYED THE OFFICER WHEN THE ALLEGED
 SEXUAL OFFENSE OCCURRED.
   (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (B) OF THIS SECTION,
 A CLAIM SEEKING TO RECOVER DAMAGES ARISING  OUT  OF  AN  ALLEGED  SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11877-01-1

 S. 7301                             2
 
 OFFENSE  BY  A  LAW  ENFORCEMENT  OFFICER, IF THE ALLEGED SEXUAL OFFENSE
 OCCURRED ON OR AFTER THE PLAINTIFF'S EIGHTEENTH BIRTHDAY AND  WHILE  THE
 OFFICER  WAS  EMPLOYED  BY  A  LAW ENFORCEMENT AGENCY, THAT HAS NOT BEEN
 LITIGATED  TO  FINALITY OR COMPROMISED BY AN EXECUTED WRITTEN SETTLEMENT
 AGREEMENT AND THAT WOULD OTHERWISE  BE  BARRED  BECAUSE  THE  APPLICABLE
 STATUTE  OF  LIMITATIONS,  ANY STATE OR LOCAL GOVERNMENT NOTICE OF CLAIM
 DEADLINE, OR ANY OTHER APPLICABLE TIME  LIMIT  HAS  EXPIRED,  IS  HEREBY
 REVIVED  AND  MAY  BE  COMMENCED IF FILED WITHIN EITHER OF THE FOLLOWING
 PERIODS OF TIME:
   1. TEN YEARS FROM THE DATE OF THE LAST ACT, ATTEMPTED ACT, OR  ASSAULT
 WITH THE INTENT TO COMMIT AN ACT, OF A SEXUAL OFFENSE AGAINST THE PLAIN-
 TIFF; OR
   2.  THREE  YEARS  FROM  THE DATE THE PLAINTIFF DISCOVERS OR REASONABLY
 SHOULD HAVE DISCOVERED THAT AN INJURY OR ILLNESS RESULTED FROM  AN  ACT,
 ATTEMPTED  ACT, OR ASSAULT WITH THE INTENT TO COMMIT AN ACT, OF A SEXUAL
 OFFENSE AGAINST THE PLAINTIFF.
   (D) AS USED IN THIS  SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "SEXUAL  OFFENSE" MEANS A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW, OR INCEST AS DEFINED IN SECTION 255.27,
 255.26 OR 255.25 OF THE PENAL LAW.
   2. "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR  PEACE  OFFICER
 AS SUCH TERMS ARE DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   3.  "LAW  ENFORCEMENT  AGENCY"  MEANS  ANY  ENTITY WHICH EMPLOYS A LAW
 ENFORCEMENT OFFICER.
   § 2. This act shall take effect immediately.

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Senate Bill S7301

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S7301 (ACTIVE) - Details

2021-S7301 (ACTIVE) - Summary

2021-S7301 (ACTIVE) - Sponsor Memo

2021-S7301 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7301

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2021-S7301 (ACTIVE) - Details

2021-S7301 (ACTIVE) - Summary

2021-S7301 (ACTIVE) - Sponsor Memo

2021-S7301 (ACTIVE) - Bill Text download pdf

Comments