Bill Text: NY S00063 | 2015-2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Revives civil actions for certain sex offenses committed against a person less than eighteen years of age.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced - Dead) 2016-03-04 - NOTICE OF COMMITTEE CONSIDERATION - REQUESTED [S00063 Detail]

Download: New_York-2015-S00063-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          63
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by Sens. HOYLMAN, HASSELL-THOMPSON, KENNEDY, KRUEGER -- read
         twice and ordered printed, and when printed to  be  committed  to  the
         Committee on Codes
       AN  ACT  to amend the criminal procedure law, in relation to the timeli-
         ness of prosecutions for certain sex offenses; and to amend the  civil
         practice  law  and rules, in relation to the timeliness for commencing
         certain civil actions related to sex offenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (f)  of  subdivision 3 of section 30.10 of the
    2  criminal procedure law, as separately amended by chapters 3 and  320  of
    3  the laws of 2006, is amended to read as follows:
    4    (f)  [For  purposes  of a] A prosecution involving a sexual offense as
    5  defined in article one hundred thirty of the penal  law,  other  than  a
    6  sexual  offense  delineated  in paragraph (a) of subdivision two of this
    7  section, committed against a child less  than  eighteen  years  of  age,
    8  incest  in  the  first,  second  or  third degree as defined in sections
    9  255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
   10  less  than eighteen years of age, or use of a child in a sexual perform-
   11  ance as defined in section 263.05 of the penal law[, the period of limi-
   12  tation shall not begin to run until the child has  reached  the  age  of
   13  eighteen  or  the  offense  is  reported  to a law enforcement agency or
   14  statewide central register of child abuse  and  maltreatment,  whichever
   15  occurs earlier] MAY BE COMMENCED AT ANY TIME.
   16    S  2.  The  opening paragraph of section 208 of the civil practice law
   17  and rules is designated subdivision (a) and a  new  subdivision  (b)  is
   18  added to read as follows:
   19    (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
   20  WITH  RESPECT  TO  ALL  CIVIL  CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
   21  PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01379-01-5
       S. 63                               2
    1  AS A RESULT OF CONDUCT  WHICH  WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS
    2  DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
    3  A  CHILD  LESS  THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION
    4  255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS
    5  THAN  EIGHTEEN  YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORM-
    6  ANCE AS DEFINED IN SECTION 263.05 OF THE PENAL  LAW,  OR  A  PREDECESSOR
    7  STATUTE  THAT  PROHIBITED  SUCH  CONDUCT  AT  THE TIME OF THE ACT, WHICH
    8  CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS  OF  AGE,
    9  SUCH ACTION MAY BE COMMENCED AT ANY TIME.
   10    S  3.  The  civil  practice  law  and rules is amended by adding a new
   11  section 3012-c to  read as follows:
   12    S 3012-C. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT.  (A)
   13  NOTWITHSTANDING  ANY  PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITA-
   14  TION TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY  A
   15  PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
   16  SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL  OFFENSE
   17  AS  DEFINED  IN  ARTICLE  ONE  HUNDRED THIRTY OF THE PENAL LAW COMMITTED
   18  AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST  AS  DEFINED  IN
   19  SECTION  255.25,  255.26  OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A
   20  CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL
   21  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR  A  PREDE-
   22  CESSOR  STATUTE  THAT  PROHIBITED  SUCH  CONDUCT AT THE TIME OF THE ACT,
   23  WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS  OF
   24  AGE,  WHICH  IS  BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE
   25  THE APPLICABLE PERIOD OF LIMITATION HAS EXPIRED IS HEREBY  REVIVED,  AND
   26  ACTION  THEREON  MAY BE COMMENCED ON OR BEFORE ONE YEAR AFTER THE EFFEC-
   27  TIVE DATE OF THIS SECTION.
   28    (B) IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS  SECTION
   29  FOR  PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A
   30  RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE  AS  DESCRIBED
   31  IN  SUBDIVISION  (A) OF THIS SECTION, THE COMPLAINT SHALL BE ACCOMPANIED
   32  BY A CERTIFICATE OF MERIT  AS  DESCRIBED  IN  SUBDIVISION  (C)  OF  THIS
   33  SECTION.
   34    (C)  A  CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B) OF THIS
   35  SECTION SHALL BE FILED BY THE  ATTORNEY  FOR  THE  PLAINTIFF  AND  SHALL
   36  CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
   37  SECTION  9.01  OF  THE  MENTAL  HYGIENE  LAW, A PSYCHOLOGIST AS LICENSED
   38  PURSUANT TO ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW,  OR  A
   39  PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
   40  VISION  ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW, WHO
   41  IS KNOWLEDGEABLE IN THE  RELEVANT  FACTS  AND  ISSUES  INVOLVED  IN  THE
   42  PARTICULAR  ACTION,  AND STATES IN REASONABLE DETAIL THE FACTS AND OPIN-
   43  IONS THAT THE PERSON HAS RELIED UPON FOR  CONCLUDING  THAT  THERE  IS  A
   44  REASONABLE  BASIS  TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT TO ONE
   45  OR MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN  SUBDIVISION
   46  (A)  OF  THIS  SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY NOT BE A
   47  PARTY TO THE LITIGATION.
   48    (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
   49  CERTIFICATE SHALL BE FILED FOR  EACH  ACTION,  EVEN  IF  MORE  THAN  ONE
   50  DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
   51    S 4. The provisions of this act shall be severable, and if any clause,
   52  sentence,  paragraph,  subdivision or part of this act shall be adjudged
   53  by any court of competent jurisdiction  to  be  invalid,  such  judgment
   54  shall not affect, impair, or invalidate the remainder thereof, but shall
   55  be  confined in its operation to the clause, sentence, paragraph, subdi-
       S. 63                               3
    1  vision or part thereof directly involved in  the  controversy  in  which
    2  such judgment shall have been rendered.
    3    S  5.  This  act  shall take effect immediately, provided that section
    4  three of this act shall take effect on the sixtieth day after  this  act
    5  shall have become a law.