senate Bill S7301

2021-2022 Legislative Session

Relates to certain actions against law enforcement officers

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 23, 2021 referred to rules

S7301 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-i, CPLR

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.

S7301 (ACTIVE) - Sponsor Memo

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.

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