S T A T E   O F   N E W   Y O R K
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                                  10600

                          I N  A S S E M B L Y

                              June 7, 2016
                               ___________

Introduced  by  COMMITTEE  ON  RULES  -- (at request of M. of A. Markey,
  Dinowitz, Morelle,  Sepulveda,  Englebright,  Gunther,  Otis,  Jaffee,
  Robinson,  Stirpe,  Aubry,  Simotas,  Galef,  Hooper, Mosley, Russell,
  Rosenthal, Lifton, Barrett, Paulin,  Cook,  Arroyo,  Walker,  Linares,
  Weprin,  Bichotte, Lavine, O'Donnell, Simon, Blake, Cahill, Seawright,
  Barron, Buchwald, Bronson, Solages,  Brindisi,  Fahy,  Glick,  Hevesi,
  Hyndman,  Ortiz,  Pretlow,  Rivera)  --  read once and referred to the
  Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  the  statute
  of  limitations in criminal prosecution of a sexual offense, committed
  against a child; to  amend  the  civil  practice  law  and  rules,  in
  relation  to the statute of limitations for civil actions related to a
  sexual offense committed against a child, reviving such actions other-
  wise barred by the existing statute of limitations and granting  trial
  preference  to  such  actions;  to amend the general municipal law, in
  relation to providing that the notice of claim  provisions  shall  not
  apply  to  such actions; to amend the court of claims act, in relation
  to providing that the notice of intention to file provisions shall not
  apply to such actions; to amend the  education  law,  in  relation  to
  providing  that the notice of claim provisions shall not apply to such
  actions; to amend the social services law, in relation to  designating
  members of the clergy as persons required to report cases of suspected
  child  abuse  or  maltreatment;  and  to  amend  the judiciary law, in
  relation to judicial training relating to sexual abuse of  minors  and
  rules  reviving  civil  actions  relating to sexual offenses committed
  against children

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

  Section  1.    Paragraph  (f) of subdivision 3 of section 30.10 of the
criminal procedure law, as separately amended by chapters 3 and  320  of
the laws of 2006, is amended to read as follows:
  (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
defined in article one hundred thirty of the penal  law,  other  than  a
sexual  offense  delineated  in paragraph (a) of subdivision two of this

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

                                                           LBD15787-02-6

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section, committed against a child less  than  eighteen  years  of  age,
incest  in  the  first,  second  or  third degree as defined in sections
255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
less  than eighteen years of age, or use of a child in a sexual perform-
ance as defined in section 263.05 of the penal law, the period of  limi-
tation  shall  not  begin  to run until the child has reached the age of
[eighteen] TWENTY-THREE or the offense is reported to a law  enforcement
agency  or  statewide  central register of child abuse and maltreatment,
whichever occurs earlier.
  S 2. The opening paragraph of section 208 of the  civil  practice  law
and  rules  is  designated  subdivision (a) and a new subdivision (b) is
added to read as follows:
  (B) NOTWITHSTANDING ANY PROVISION OF LAW WHICH  IMPOSES  A  PERIOD  OF
LIMITATION  TO  THE CONTRARY, WITH RESPECT TO 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 WHICH
WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS  THAN
EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
255.25 OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS  THAN
EIGHTEEN YEARS OF AGE, OR THE USE OF SUCH PERSON 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  SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
SUCH ACTION MAY BE COMMENCED, AGAINST ANY  PARTY  WHOSE  INTENTIONAL  OR
NEGLIGENT  ACTS OR OMISSIONS ARE ALLEGED TO HAVE RESULTED IN THE COMMIS-
SION OF SAID CONDUCT, ON OR BEFORE THE  PLAINTIFF  OR  INFANT  PLAINTIFF
REACHES  THE  AGE OF TWENTY-EIGHT YEARS. IN ANY SUCH CLAIM OR ACTION, IN
ADDITION TO ANY OTHER DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY BE AVAIL-
ABLE IN ACCORDANCE WITH LAW, RULE OR THE COMMON LAW, TO THE EXTENT  THAT
THE ACTS ALLEGED IN SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION
ONE  OF  SECTION  130.30  OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION
130.45 OF THE PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVE-
LY, IN THE CLOSING PARAGRAPH OF SUCH SECTION  OF  THE  PENAL  LAW  SHALL
APPLY.
  S  3.  The  civil  practice  law  and rules is amended by adding a new
section 214-f to read as follows:
  S  214-F.  CERTAIN  CHILD  SEXUAL  ABUSE  CASES.  NOTWITHSTANDING  ANY
PROVISION  OF  LAW WHICH IMPOSES A PERIOD OF LIMITATION TO THE CONTRARY,
EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY A PERSON  FOR  PHYSICAL,
PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION SUFFERED AS A RESULT OF
CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS  DEFINED  IN  ARTICLE
ONE  HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION  255.27,  255.26  OR
255.25  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, OR 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, WHICH IS
BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE  THE  APPLICABLE
PERIOD  OF  LIMITATION HAS EXPIRED IS HEREBY REVIVED, AND ACTION THEREON
MAY BE COMMENCED NOT EARLIER THAN SIX MONTHS AFTER, AND NOT  LATER  THAN
ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, SUBJECT TO PARAGRAPH
TWO OF SUBDIVISION (I) OF RULE THIRTY-TWO HUNDRED ELEVEN OF  THIS  CHAP-
TER.  IN  ANY SUCH CLAIM OR ACTION, IN ADDITION TO ANY OTHER DEFENSE AND
AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN ACCORDANCE WITH  LAW,  RULE

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OR  THE  COMMON  LAW, TO THE EXTENT THAT THE ACTS ALLEGED IN SUCH ACTION
ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF SECTION  130.30  OF  THE
PENAL  LAW  OR  SUBDIVISION  ONE OF SECTION 130.45 OF THE PENAL LAW, THE
AFFIRMATIVE  DEFENSES  SET FORTH, RESPECTIVELY, IN THE CLOSING PARAGRAPH
OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
  S 4. Rule 3211 of the civil practice  law  and  rules  is  amended  by
adding a new subdivision (i) to read as follows:
  (I)  STANDARDS  FOR MOTIONS TO DISMISS AND MOTIONS TO DISMISS AFFIRMA-
TIVE DEFENSES IN CERTAIN  ACTIONS  IN  WHICH  CONDUCT  CONSTITUTING  THE
COMMISSION  OF  CERTAIN  SEXUAL  OFFENSES  ARE ALLEGED. 1. IN ANY ACTION
WHERE THE PLAINTIFF SEEKS TO REVIVE AN ACTION PURSUANT  TO  SECTION  TWO
HUNDRED  FOURTEEN-F  OF  THIS  CHAPTER  AFTER THE EFFECTIVE DATE OF THIS
SUBDIVISION WHICH HAD BEEN TIME BARRED, ANY AFFIRMATIVE DEFENSE OF LACH-
ES, DELAY, OR MATERIAL IMPAIRMENT IN THE DEFENSE OR INVESTIGATION OF THE
CLAIM MUST BE SUPPORTED BY A CERTIFICATE OF MERIT SUBMITTED BY A  PERSON
WITH  KNOWLEDGE  OF THE FACTS SETTING FORTH THE SPECIFIC MANNER IN WHICH
THE DEFENSE OR INVESTIGATION HAS BEEN AFFECTED. SAID CERTIFICATE MUST BE
FILED AT OR BEFORE THE TIME IN WHICH THE ANSWER IS SERVED, UNLESS OTHER-
WISE PROVIDED BY ORDER OF THE COURT.
  2. UPON MOTION BY ANY PARTY, THE COURT SHALL DETERMINE BY A PREPONDER-
ANCE OF THE EVIDENCE, WHETHER DEFENDANT HAS SUSTAINED HIS OR HER  BURDEN
OF  PROOF  ON  ANY  MOTION  TO  DISMISS THE ACTION OR ON ANY AFFIRMATIVE
DEFENSE IN WHICH IT IS ALLEGED THAT PREJUDICE HAS BEEN CAUSED TO DEFEND-
ANT IN THE INVESTIGATION OR DEFENSE OF  THE  ACTION  DIRECTLY  RESULTING
FROM  A  DELAY IN COMMENCING THE ACTION. A DEFENDANT SHALL NOT BE DEEMED
PREJUDICED SOLELY ON ACCOUNT OF THE PASSAGE OF TIME.
  3. ANY SUCH AFFIRMATIVE DEFENSE  SHALL  BE  DISMISSED,  AND  ANY  SUCH
MOTION  TO  DISMISS THE ACTION DENIED, IF THE COURT FINDS THAT PLAINTIFF
ACTED IN GOOD FAITH AND WITH DUE DILIGENCE IN PURSUING THE  CLAIM  UNDER
THE  CIRCUMSTANCES,  WHICH  SHALL  INCLUDE  WHETHER  DEFENDANT  TOOK ANY
ACTIONS TO IMPEDE OR DELAY ANY INVESTIGATION OR  PREVENT  DISCLOSURE  OF
THE  FACTS ALLEGED TO THE PLAINTIFF OR TO THE GENERAL PUBLIC, AS WELL AS
WHETHER PLAINTIFF TOOK ANY ACTIONS  WHICH  DELIBERATELY  PREJUDICED  THE
DEFENSE  OR  INVESTIGATION  OF  THE CLAIM.   NOTHING IN THIS SUBDIVISION
SHALL LIMIT THE COURT, IN ITS DISCRETION, FROM  RESERVING  ANY  DISPUTED
ISSUES OF FACT FOR LATER DISPOSITION BY THE FINDER OF FACT.
  4.  FURTHERMORE,  IN ANY SUCH ACTION, IN ADDITION TO ANY OTHER DEFENSE
AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN  ACCORDANCE  WITH  LAW,
RULE  OR  THE  COMMON  LAW,  TO THE EXTENT THAT THE ACTS ALLEGED IN SUCH
ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF SECTION 130.30 OF
THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF THE PENAL LAW, THE
AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN THE  CLOSING  PARAGRAPH
OF SUCH SECTION OF THE PENAL LAW SHALL APPLY.
  S  5. Subdivision (a) of rule 3403 of the civil practice law and rules
is amended by adding a new paragraph 7 to read as follows:
  7. ANY ACTION WHICH HAS BEEN REVIVED PURSUANT TO SECTION  TWO  HUNDRED
FOURTEEN-F OF THIS CHAPTER.
  S  6.  Subdivision  8 of section 50-e of the general municipal law, as
amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
follows:
  8.  Inapplicability  of  section.  (A) This section shall not apply to
claims arising under the provisions of the  workers'  compensation  law,
the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
workers' benefit law or to claims against public corporations  by  their
own infant wards.

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  (B)  THIS  SECTION  SHALL  NOT  APPLY  TO ANY CLAIM MADE FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  SUFFERED  AS  A  RESULT  OF
CONDUCT  WHICH  WOULD  CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS  THAN
EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
255.25 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
YEARS  OF  AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED
IN SECTION 263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD  LESS  THAN
EIGHTEEN YEARS OF AGE.
  S  7. Section 50-i of the general municipal law is amended by adding a
new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS  SECTION
SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
FIRE  DISTRICT  OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD  CONSTI-
TUTE  A  SEXUAL  OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN  EIGHTEEN  YEARS  OF  AGE,
INCEST  AS  DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
A CHILD IN A SEXUAL PERFORMANCE AS DEFINED  IN  SECTION  263.05  OF  THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
  S  8. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
ICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH
WOULD CONSTITUTE A SEXUAL OFFENSE AS  DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR  255.25  OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
OR  THE  USE  OF  A  CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
263.05 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
YEARS OF AGE.
  S 9. Subdivision 2 of section 3813 of the education law, as amended by
chapter 346 of the laws of 1978, is amended to read as follows:
  2.  Notwithstanding anything to the contrary hereinbefore contained in
this section, no action or special proceeding founded upon tort shall be
prosecuted or maintained against  any  of  the  parties  named  in  this
section  or against any teacher or member of the supervisory or adminis-
trative staff or employee where the alleged tort was committed  by  such
teacher  or  member  or  employee  acting in the discharge of his duties
within the scope of his employment and/or under  the  direction  of  the
board of education, trustee or trustees, or governing body of the school
unless  a  notice of claim shall have been made and served in compliance
with section fifty-e of the general municipal law.   Every  such  action
shall  be commenced pursuant to the provisions of section fifty-i of the
general municipal law; PROVIDED, HOWEVER, THAT THIS  SECTION  SHALL  NOT
APPLY  TO  ANY  CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR
OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF  CONDUCT  WHICH  WOULD
CONSTITUTE  A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE  PENAL  LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
A  CHILD  IN  A  SEXUAL  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.

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  S 10. Paragraph (a) of subdivision 1 of  section  413  of  the  social
services  law, as separately amended by chapters 126 and 205 of the laws
of 2014, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist;  licensed  marriage  and  family
therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
licensed behavior analyst; certified behavior analyst assistant;  hospi-
tal  personnel  engaged in the admission, examination, care or treatment
of persons; a Christian Science  practitioner;  school  official,  which
includes  but  is not limited to school teacher, school guidance counse-
lor, school psychologist, school social  worker,  school  nurse,  school
administrator  or  other school personnel required to hold a teaching or
administrative license or certificate;  full  or  part-time  compensated
school employee required to hold a temporary coaching license or profes-
sional coaching certificate; social services worker; director of a chil-
dren's  overnight camp, summer day camp or traveling summer day camp, as
such camps are defined in section thirteen  hundred  ninety-two  of  the
public health law; day care center worker; school-age child care worker;
provider  of family or group family day care; employee or volunteer in a
residential care facility for children that is  licensed,  certified  or
operated  by  the  office  of children and family services; or any other
child care or foster care worker; mental health professional;  substance
abuse  counselor;  alcoholism counselor; all persons credentialed by the
office of alcoholism and substance abuse services; MEMBER OF THE  CLERGY
OF  ANY  RELIGION, INCLUDING BUT NOT LIMITED TO A CLERGYMAN AND MINISTER
AS SUCH TERMS ARE DEFINED IN SECTION TWO OF THE  RELIGIOUS  CORPORATIONS
LAW,  AND  SHALL  ALSO  INCLUDE  ANY  PERSON RESPONSIBLE FOR THE HIRING,
RETENTION, OR SUPERVISING OF SUCH MEMBER OF THE CLERGY  OF  A  RELIGIOUS
INSTITUTION  OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS INSTI-
TUTION; peace officer; police officer; district  attorney  or  assistant
district  attorney;  investigator  employed  in the office of a district
attorney; or other law enforcement official.
  S 11. Subdivision 1 of section 413  of  the  social  services  law  is
amended by adding a new paragraph (e) to read as follows:
  (E)  UNLESS  THE  PERSON  CONFESSING OR CONFIDING WAIVES THE PRIVILEGE
AVAILABLE PURSUANT TO SECTION FORTY-FIVE HUNDRED FIVE OF THE CIVIL PRAC-
TICE LAW AND RULES, A MEMBER OF THE CLERGY OF  ANY  RELIGION,  INCLUDING
BUT NOT LIMITED TO A CLERGYMAN AND MINISTER AS DEFINED IN SECTION TWO OF
THE  RELIGIOUS  CORPORATIONS LAW, SHALL NOT BE REQUIRED TO MAKE A REPORT
AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION IF  THE  CONFESSION  OR
CONFIDENCE  WAS  MADE TO HIM OR HER IN HIS OR HER PROFESSIONAL CHARACTER
AS SPIRITUAL ADVISOR.
  S 12. Section 219-c of the judiciary law, as added by chapter  506  of
the laws of 2011, is amended to read as follows:

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  S  219-c.  Crimes  involving  sexual  assault  AND THE SEXUAL ABUSE OF
MINORS; judicial training. The  office  of  court  administration  shall
provide  training for judges and justices with respect to crimes involv-
ing sexual assault, AND THE SEXUAL ABUSE OF MINORS.
  S  13.  The  judiciary law is amended by adding a new section 219-d to
read as follows:
  S 219-D. RULES REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES AGAINST CHIL-
DREN. 1. THE CHIEF ADMINISTRATOR OF THE COURTS  SHALL  PROMULGATE  RULES
ESTABLISHING  A  SUPREME COURT PART IN EACH OF FOUR JUDICIAL DEPARTMENTS
TO ADJUDICATE REVIVED ACTIONS BROUGHT PURSUANT TO  SECTION  TWO  HUNDRED
FOURTEEN-F  OF THE CIVIL PRACTICE LAW AND RULES, WHICH SHALL BE THE SOLE
VENUE IN THE JUDICIAL DEPARTMENT IN WHICH SAID CASES  SHALL  BE  ADJUDI-
CATED  AND  TRIED.  HOWEVER, THE FAILURE TO INSTITUTE ANY SUCH ACTION IN
THE COURT DESIGNATED BY THE CHIEF ADMINISTRATOR OF THE COURTS SHALL  NOT
CONSTITUTE  A  GROUND  TO DISMISS THE ACTION. THE CHIEF ADMINISTRATOR OF
THE COURTS SHALL ALSO PROMULGATE RULES REQUIRING  THE  TRANSFER  OF  ANY
SUCH CASES TO SUCH APPROPRIATE PART WITHIN THE JUDICIAL DEPARTMENT WHERE
THE ACTION WAS COMMENCED, ON A SUA SPONTE BASIS, UPON APPROPRIATE NOTICE
TO  THE PARTIES. SAID RULES SHALL ALSO PROVIDE THAT THE PLAINTIFF DESIG-
NATE THAT AN ACTION HAS BEEN BROUGHT PURSUANT  TO  SECTION  TWO  HUNDRED
FOURTEEN-F  OF  THE  CIVIL  PRACTICE  LAW AND RULES IN THEIR REQUEST FOR
JUDICIAL INTERVENTION.
  2. THE RULES PROMULGATED BY THE  CHIEF  ADMINISTRATOR  OF  THE  COURTS
SHALL  ALSO  PROVIDE THAT IF ANY DEFENDANT HAS FILED A REQUEST FOR JUDI-
CIAL INTERVENTION PRIOR TO THE PLAINTIFF SO FILING, PLAINTIFF SHALL HAVE
THE OPPORTUNITY, AT ANY POINT PRIOR TO THE FILING OF A NOTE OF ISSUE, TO
FILE A SUPPLEMENTAL REQUEST FOR JUDICIAL INTERVENTION  DESIGNATING  THAT
THE  MATTER  WAS FILED PURSUANT TO SECTION TWO HUNDRED FOURTEEN-F OF THE
CIVIL PRACTICE LAW AND RULES.  NOTHING CONTAINED IN THIS  SECTION  SHALL
ABROGATE THE ABILITY OF THE COURT TO SO ASSIGN SUCH A MATTER SUA SPONTE,
OR ABROGATE ANY PARTY'S RIGHT TO A JURY PURSUANT TO ARTICLE FORTY-ONE OF
THE CIVIL PRACTICE LAW AND RULES.
  S  14.  The  provisions  of  this  act  shall be severable, and if any
clause, sentence, paragraph, subdivision or part of this  act  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, subdivision or part thereof directly involved in the  controversy
in which such judgment shall have been rendered.
  S  15.  This  act  shall  take effect immediately; except that section
twelve of this act shall take effect six months  after  this  act  shall
have  become  a  law; provided, however, that training for cases brought
pursuant to section 214-f of the civil practice law and rules, as  added
by section three of this act, shall commence three months after this act
shall  have  become  a  law; and section thirteen of this act shall take
effect three months after this act shall have become a law.