Assembly Bill A8503

2011-2012 Legislative Session

Provides that in defamation action alleging a sexual offense, a counterclaim related to the commission of such offense against a minor shall be commenced 1 year

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Archive: Last Bill Status - In Assembly 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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2011-A8503 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง203, CPLR

2011-A8503 (ACTIVE) - Summary

Provides that in a defamation action where the defamation is related to a sexual offense, a counterclaim for the commission of such sexual offense against a minor shall be commenced within 1 year of the commencement of the defamation action.

2011-A8503 (ACTIVE) - Bill Text download pdf 

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

                                  8503

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 20, 2011
                               ___________

Introduced by M. of A. MARKEY -- read once and referred to the Committee
  on Judiciary

AN  ACT  to  amend  the civil practice law and rules, in relation to the
  method of computing periods of limitation for certain counterclaims in
  a defamation action alleging a sexual offense

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

  Section 1.  Section 203 of the civil practice law and rules is amended
by adding a new subdivision (h) to read as follows:
  (H)  TIME  COMPUTED  FOR CERTAIN COUNTERCLAIMS.  IN AN ACTION ALLEGING
LIBEL, SLANDER OR FALSE WORDS CAUSING SPECIAL DAMAGES WHERE SUCH  LIBEL,
SLANDER OR FALSE WORDS ALLEGED A SEXUAL OFFENSE, A COUNTERCLAIM ALLEGING
SUCH  SEXUAL  OFFENSE SHALL ACCRUE UPON COMPLETION OF SERVICE OF SUCH AN
ACTION UPON DEFENDANT, AND THE STATUTE OF  LIMITATIONS  CONCERNING  SUCH
COUNTERCLAIM  SHALL  BE  GOVERNED  BY  SUBDIVISION  THREE OF SECTION TWO
HUNDRED FIFTEEN OF THIS ARTICLE.
  "SEXUAL OFFENSE", FOR THE PURPOSES OF  THIS  SECTION,  IS  DEFINED  AS
FOLLOWS:
  1.  AN OFFENSE AS CONTAINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL
LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE;
  2. INCEST AS DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF THE  PENAL
LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE; OR
  3.  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.
  S 2. This act shall take effect immediately and shall apply  to  coun-
terclaims commenced on or after such date.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13182-02-1

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