NY State Senate Bill 2009-S5569

Senate Bill S5569

2009-2010 Legislative Session

Enacts the Child Sexual Abuse Reform Act; provides for the elimination and extension of certain statutes of limitations relating thereto; repealer

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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 06, 2010	referred to codes
May 18, 2009	referred to codes

co-Sponsors

2009-S5569 (ACTIVE) - Details

See Assembly Version of this Bill:: A2503
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §§10.00, 20.00, 130.05, 260.10, 120.40 & 260.15, add §260.09, Pen L; amd §422, Soc Serv L; amd §208, add §213-d, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A2393
2013-2014: A1042
2015-2016: A363
2017-2018: A4272
2019-2020: A3842
2021-2022: A3210
2023-2024: A3637

2009-S5569 (ACTIVE) - Summary

Enacts the Child Sexual Abuse Reform Act; provides for the elimination and extension of certain statutes of limitations related to sexual offenses against children, the expansion of reporting requirements in cases of such offenses, and the expansion of the central child abuse and maltreatment register, and provides for the repeal of a provision of the social services law relating thereto.

2009-S5569 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5569

 TITLE OF BILL :
An act to amend the criminal procedure law, the penal law, the social
services law, and the civil practice law and rules, in relation to
enacting the Child Sexual Abuse Reform Act; providing for the
elimination and extending of certain statutes of limitations related
to sexual offenses against children, the expansion of reporting
requirements in cases of such offenses, and the expansion of the
central child abuse and maltreatment register; and providing for the
repeal of certain provisions upon expiration thereof


 PURPOSE :
Enacts the Child Sexual Abuse Reform Act of 2006; provides for a
thirty year extension of certain statutes of limitations relating to
certain child sexual assault offenses

 SUMMARY OF PROVISIONS :
Section 2 Extends the statute of limitations for prosecuting sexual
offenses committed against a child less than eighteen years of age for
thirty years.

Section 3 Extends the statute of limitations for the offense of
hindering the prosecution of a sexual offense against a child less
than eighteen years of age for thirty years.

Section 4 Extends from five to thirty years the period of commencement
of a criminal action when the defendant has been outside the state or
the defendant's whereabouts are unknown.

Section 5 Adds nonprofit corporations (including religious
corporations) to the definition of a person.

Section 6 Provides for criminal liability for the conduct of another
after the commission of the offense when a person conceals or hinders
the discovery or evidence of a child sexual assault offense.

Section 7 Stipulates that a person is incapable of providing consent
for sexual acts, when such person receives treatment from a health
care or mental health services provider and such provider represents
him or herself as a member of the clergy.

Section 8 Adds a new penalty of endangering the welfare of a child in
the first degree defined as a class E felony.

Section 9 Adds a new penalty of endangering the welfare of a child in
the second degree defined as a class A misdemeanor.

Section 10 Adds endangering the welfare of a child in the first degree
and second degree to the list of specified predicate crimes.

Section 11 Adds to the list of potential defenses in a criminal
prosecution endangering the welfare of a child in the first or second
degree.

Section 12 Establishes penalties for mandated reporters failure to
report cases of suspected child abuse.

Section 13 Adds and defines members of the clergy to the list of
mandated reporters in the social services law, with an exception for
the act of confession or counsel as a spiritual advisor.

Section 14 Requires individuals other than a parent or guardian who
are the subject of a report to the statewide central registry to be
included in the database of suspected offenders.
Section 15 Extends from three to six years the time period in which an
action for a child sexual assault offense may be commenced by an
individual who was disabled as a result of infancy or insanity at the
time of the cause of action.

Section 16 Allows for a period of two years, a cause of action to be
commenced in cases of child sexual assault or abuse, when such cause
of action was previously barred due to the expiration of the statute
of limitations.

 EXISTING LAW :
* Allows statutes of limitations for both prosecuting sexual offenses
committed against a child less than eighteen years of age and the
offense of hindering the prosecution of a sexual offense against a
child less than eighteen years of age;

* Requires cases of action to be brought within five years;

* Excludes religious corporations or nonprofit institutions in the
definition of a person;

* Does not provide for any criminal liability after the commission of
a crime when evidence of a crime has been hindered or concealed;

* Does not stipulate that patients of clergy members who provide
health or mental health care cannot provide consent for sexual, acts;

* Provides only for one penalty of endangering the welfare of a child;

* Does not include endangering the welfare of a child in the first or
second degree to the list of specified predicate crimes;

* Does not include: penalties for mandated reporters failure to
report; members of the clergy in the list of mandated reporters; or,
individuals other than parents or guardians to be included in the
database of suspected offenders; and,

* prohibits causes of action to be commenced in cases of child sexual
assault or abuse if the statute of limitations has expired.

 JUSTIFICATION :
Sexual assault is a crime that is devastating and life altering. The
emotional confusion and aftermath experienced by a victim of a sexual
assault can manifest a number of obstacles delaying or possibly
eliminating the process of healing. When the victims of sexual assault
are children the process of healing becomes their childhood.  When a
crime of this magnitude is committed against a child, someone who can
not defend or fight for themselves we must fight for them. If we allow
the perpetrators of child sexual abuse to continue to prey on the
children of New York State, we are not only failing the children, but
condoning the actions of these pedophiles. Due to the high number of
unreported cases and the effect on the victim's quality of life, it
has become very apparent that the current laws of New York State
pertaining to child sexual abuse are glaringly inadequate and unable
to address the many legal and ethical issues that exist.

The typical child sexual offender molests an average of 117 children,
most of whom do not report the offense. Failure to report occurs often
for a variety of different reasons. For example children who are
sexually abused do not always recognize that they are being
victimized. Those who recognize what has happened fear that disclosure
will bring consequences even worse than being victimized again. Most
children who are victims of sexual abuse know their abuser; this
violation of trust develops into an inability to trust leading to
another unreported crime.  Also the post traumatic stress that occurs
from being repeatedly abused in childhood can result in
disassociation, preventing memories from being integrated into
consciousness and resulting a total denial of the abuse. This coping
mechanism may lead to an altered sense of self and extend into
adulthood. Many victims suffer from long term psychological
disturbances and in extreme cases may develop a multiple personality
disorder. Once the disassociation or post traumatic stress disorder
develops treatment becomes very difficult and the victims resistant.
Many times only as an adult can the survivors of child sexual assault
recognize having been abused, confront their abuser and take action.

This legislation and its language is based on the recommendations from
the Suffolk county supreme Court Special Grand Jury's investigation
into the Diocese of Rockville Center. What became painfully evident
through the course of the Grand Jury investigation and report is that
New York State statute needs significant modifications to address the
many issues pertaining to child sexual assault. This legislation will
punish those who perpetrate this crime as well as those who would
hinder its prosecution and provide a forum whereby survivors of these
horrific crimes truly realize that the law is on their side by giving
them an opportunity for justice and closure.

 LEGISLATIVE HISTORY :
S.4207B of 2003-04 died in Codes Committee
S.3088 of 2005 died in Codes Committee

 FISCAL IMPLICATIONS :
State fiscal implications to be determined.

 LOCAL FISCAL IMPLICATIONS :
Local District Attorneys' offices could see an increase in the number
of cases being prosecuted due to the expiration of the statute of
limitations, the new penalties added by legislation, and the three
year period whereby causes of action can be commenced in cases of
child sexual assault or abuse when such causes of action were
previously barred due to the expiration of the statute of limitations.

 EFFECTIVE DATE :
Sixty days after it becomes law. Section 16 of this act shall expire
and be deemed repealed three years after the effective date.

2009-S5569 (ACTIVE) - Bill Text download pdf

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

                                  5569

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 18, 2009
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, the penal  law,  the  social
  services  law,  and  the  civil practice law and rules, in relation to
  enacting the Child Sexual Abuse Reform Act; providing for  the  elimi-
  nation  and  extending  of  certain statutes of limitations related to
  sexual offenses against children, the expansion of reporting  require-
  ments  in  cases  of  such  offenses, and the expansion of the central
  child abuse and maltreatment register; and providing for the repeal of
  certain provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act  shall  be known and may be cited as the "Child
Sexual Abuse Reform Act".
  S 2. Subdivision 3 of section 30.10 of the criminal procedure  law  is
amended by adding a new paragraph (h) to read as follows:
  (H)  A  PROSECUTION  FOR  THE  OFFENSE OF HINDERING PROSECUTION IN THE
THIRD DEGREE AS DEFINED IN SECTION 205.55 OF THE  PENAL  LAW,  HINDERING
PROSECUTION  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 205.60 OF THE
PENAL LAW, AND HINDERING PROSECUTION IN THE FIRST DEGREE AS  DEFINED  IN
SECTION  205.65  OF  THE PENAL LAW, WHERE SUCH OFFENSE INVOLVES A SEXUAL
OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW  WHICH
IS  COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS
DEFINED IN ARTICLE TWO HUNDRED FIFTY-FIVE OF  THE  PENAL  LAW  WHICH  IS
COMMITTED  AGAINST  A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR USE OF A
CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE  PENAL
LAW, MAY BE COMMENCED AT ANY TIME.
  S  3.  Subdivision  7 of section 10.00 of the penal law, as amended by
chapter 791 of the laws of 1967, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00988-01-9

S. 5569                             2

  7. "Person" means a human being, and where appropriate,  a  public  or
private  corporation,  an  unincorporated  association, a partnership, A
NONPROFIT CORPORATION, a government or a governmental instrumentality.
  S 4. Section 20.00 of the penal law is amended to read as follows:
S 20.00 Criminal liability for conduct of another.
  When  one  person  engages  in  conduct  which constitutes an offense,
another person is criminally liable for such conduct when,  acting  with
the  mental  culpability  required for the commission thereof, he OR SHE
solicits, requests, commands, importunes,  or  intentionally  aids  such
person  to  engage  in such conduct OR, FOR AN OFFENSE LISTED IN ARTICLE
ONE HUNDRED THIRTY OF THIS CHAPTER WHICH IS COMMITTED  AGAINST  A  CHILD
LESS  THAN EIGHTEEN YEARS OF AGE, AFTER THE COMMISSION OF THE OFFENSE HE
OR SHE CONCEALS OR HINDERS THE DISCOVERY OF THE OFFENSE OR  EVIDENCE  OF
THE OFFENSE.
  S  5.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
law, as amended by chapter 264 of the laws of 2003, is amended  to  read
as follows:
  (h)  a client or patient and the actor is a health care provider [or],
mental health care provider OR ANYONE REPRESENTING HIMSELF OR HERSELF AS
A MEMBER OF THE CLERGY WHO PROVIDES HEALTH CARE OR  MENTAL  HEALTH  CARE
SERVICES  charged  with  rape  in the third degree as defined in section
130.25, criminal sexual act in the third degree as  defined  in  section
130.40,  aggravated  sexual  abuse  in  the  fourth degree as defined in
section 130.65-a, or sexual abuse in the  third  degree  as  defined  in
section  130.55, and the act of sexual conduct occurs during a treatment
session, consultation, interview, or examination.
  S 6. The penal law is amended by adding a new section 260.09  to  read
as follows:
S 260.09 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
DEGREE WHEN HE OR SHE COMMITS CONDUCT WHICH IS INJURIOUS  TO  THE  PHYS-
ICAL,  MENTAL  OR  MORAL WELFARE OF A CHILD LESS THAN SEVENTEEN YEARS OF
AGE AND VIOLATES ANY SECTION OF ARTICLE ONE HUNDRED THIRTY OF THIS CHAP-
TER OR SECTION 263.05 OF THIS TITLE.
  ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  E
FELONY.
  S  7. The section heading, the opening paragraph and the closing para-
graph of section 260.10 of the penal law are amended to read as follows:
  Endangering the welfare of a child IN THE SECOND DEGREE.
  A person is guilty of endangering the welfare of a child IN THE SECOND
DEGREE when:
  Endangering the welfare of a child IN THE SECOND DEGREE is a  class  A
misdemeanor.
  S  8. Paragraph c of subdivision 5 of section 120.40 of the penal law,
as added by chapter 635 of the laws of  1999,  is  amended  to  read  as
follows:
  c. assault in the third degree, as defined in section 120.00; menacing
in  the  first  degree,  as  defined  in section 120.13; menacing in the
second degree, as defined in  section  120.14;  coercion  in  the  first
degree,  as defined in section 135.65; coercion in the second degree, as
defined in section 135.60; aggravated harassment in the  second  degree,
as defined in section 240.30; harassment in the first degree, as defined
in  section  240.25; menacing in the third degree, as defined in section
120.15; criminal mischief in the third degree,  as  defined  in  section
145.05;  criminal  mischief  in the second degree, as defined in section
145.10[,]; criminal mischief in the first degree, as defined in  section

S. 5569                             3

145.12;  criminal  tampering  in the first degree, as defined in section
145.20; arson in the fourth degree, as defined in section 150.05;  arson
in  the third degree, as defined in section 150.10; criminal contempt in
the  first degree, as defined in section 215.51; ENDANGERING THE WELFARE
OF A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 260.09;  endanger-
ing  the  welfare of a child IN THE SECOND DEGREE, as defined in section
260.10; or
  S 9. The opening paragraph of section 260.15  of  the  penal  law,  as
amended  by  chapter  156  of  the  laws  of 2000, is amended to read as
follows:
  In any prosecution for endangering the welfare of a child IN THE FIRST
OR SECOND DEGREE, pursuant to section 260.09 OR 260.10:
  S 10. Paragraph (c) of subdivision 2 of  section  422  of  the  social
services law, as added by chapter 717 of the laws of 1986, is amended to
read as follows:
  (c)  Whenever  a  telephone  call  to  the  statewide central register
described in this section is received  by  the  [department]  OFFICE  OF
CHILDREN  AND  FAMILY  SERVICES,  and [the department] SUCH OFFICE finds
that the person allegedly responsible for abuse  or  maltreatment  of  a
child  cannot be a subject of a report as defined in subdivision four of
section four hundred twelve of this [chapter] TITLE, but  believes  that
the alleged acts or circumstances against a child described in the tele-
phone  call may constitute a crime or an immediate threat to the child's
health or safety, [the department] SUCH OFFICE shall:  (1) convey by the
most expedient means available the information contained in  such  tele-
phone  call to the appropriate law enforcement agency, district attorney
or other public official empowered to provide necessary aid  or  assist-
ance AND, (2) INCLUDE SUCH INDIVIDUALS IN THE STATEWIDE CENTRAL REGISTER
IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF THIS
SECTION, AND MAKE SUCH INFORMATION ACCESSIBLE PURSUANT TO  SECTION  FOUR
HUNDRED  TWENTY-FOUR-A  OF THIS TITLE. THE COMMISSIONER OF THE OFFICE OF
CHILDREN AND FAMILY SERVICES SHALL PROMULGATE ANY ADDITIONAL  RULES  AND
REGULATIONS HE OR SHE DEEMS NECESSARY IN FURTHERANCE OF THIS PARAGRAPH.
  S  11.  Section 208 of the civil practice law and rules, as amended by
chapter 485 of the laws of 1986, is amended to read as follows:
  S 208. Infancy, insanity. If a person entitled to commence  an  action
is  under  a  disability  because of infancy or insanity at the time the
cause of action accrues, and the time otherwise limited  for  commencing
the  action is three years or more and expires no later than three years
after the disability ceases, or the person under  the  disability  dies,
the  time within which the action must be commenced shall be extended to
three years after the disability ceases or the person under the disabil-
ity dies, whichever event first occurs UNLESS SUCH ACTION IS FOR  SEXUAL
ASSAULT  UPON A CHILD UNDER ANY SECTION OF ARTICLE ONE HUNDRED THIRTY OF
THE PENAL LAW, THEN SUCH ACTION MAY BE COMMENCED UP TO SIX  YEARS  AFTER
THE DISABILITY CEASES OR THE PERSON UNDER THE DISABILITY DIES, WHICHEVER
EVENT  FIRST  OCCURS;  if  the time otherwise limited is less than three
years, the time shall be extended by the period of disability. The  time
within  which the action must be commenced shall not be extended by this
provision beyond ten years after the cause of action accrues, except, in
any action other than for  medical,  dental  or  podiatric  malpractice,
where  the  person  was  under a disability due to infancy. This section
shall not apply to an action to recover  a  penalty  or  forfeiture,  or
against a sheriff or other officer for an escape.
  S  12.  The  civil  practice  law and rules is amended by adding a new
section 213-d to read as follows:

S. 5569                             4

  S 213-D. ACTIONS FOR SEXUAL ASSAULT OR ABUSE OF AN INFANT.    NOTWITH-
STANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ANY CAUSE OF ACTION OF
PHYSICAL OR PSYCHOLOGICAL INJURY SUSTAINED BY A  PERSON  UNDER  EIGHTEEN
YEARS  OF  AGE AS A RESULT OF A SEXUAL ASSAULT OR ABUSE, WHICH IS BARRED
BECAUSE  THE  STATUTE  OF  LIMITATIONS  HAS  EXPIRED, IS REVIVED, AND AN
ACTION THEREON MAY BE COMMENCED WITHIN THREE YEARS OF THE EFFECTIVE DATE
OF THIS SECTION. FOR THE PURPOSES OF THIS  SECTION,  SEXUAL  ASSAULT  OR
ABUSE SHALL BE A SEX OFFENSE AS DEFINED UNDER ARTICLE ONE HUNDRED THIRTY
OF  THE PENAL LAW OR A PREDECESSOR STATUTE AT THE TIME OF THE ASSAULT OR
ABUSE. ANY SUCH CAUSE OF ACTION  PREVIOUSLY  DISMISSED  BECAUSE  OF  THE
STATUTE OF LIMITATIONS MAY BE BROUGHT UNDER THIS SECTION NOTWITHSTANDING
SUCH  DISMISSAL.  THE  PROVISIONS OF THIS SECTION SHALL BE APPLICABLE TO
ANY CIVIL ACTION GOVERNED BY  THE  STATUTE  OF  LIMITATIONS  OF  ANOTHER
JURISDICTION. ANY CAUSE OF ACTION FOR DAMAGES ARISING UNDER THIS SECTION
SHALL  NOT  INCLUDE, AS PART OF THE RESOLUTION, A CONFIDENTIALITY CLAUSE
OR AGREEMENT AS A MATTER OF PUBLIC POLICY.
  S 13. Paragraph (a) of subdivision 4 of section 30.10 of the  criminal
procedure law is amended to read as follows:
  (a)  Any  period  following the commission of the offense during which
(i) the defendant was continuously outside this state or (ii) the where-
abouts of the defendant were continuously unknown and continuously unas-
certainable by the exercise of  reasonable  diligence.  However,  in  no
event shall the period of limitation be extended by more than five years
beyond  the  period  otherwise  applicable under subdivision two, EXCEPT
THAT AN ACTION FOR AN OFFENSE LISTED IN ARTICLE ONE  HUNDRED  THIRTY  OF
THE  PENAL  LAW  WHICH  IS  COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE MAY BE COMMENCED AT ANY TIME.
  S 14. This act shall take effect on the sixtieth day  after  it  shall
have  become  a  law; provided, however, that section 213-d of the civil
practice law and rules, as added by section twelve of  this  act,  shall
expire  and  be  deemed repealed three years after the effective date of
this act.

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Ruth Hassell-Thompson