NY State Senate Bill 2017-S809

Senate Bill S809

2017-2018 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Rules 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2018	committee discharged and committed to rules
Jan 03, 2018	referred to judiciary
Apr 20, 2017	committee discharged and committed to rules
Mar 02, 2017	notice of committee consideration - requested
Jan 05, 2017	referred to judiciary

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2017-S809 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §208, add §214-g, CPLR; amd §30.10, CP L; amd §10, Ct Claims Act; amd §50-i, Gen Muni L
Versions Introduced in 2015-2016 Legislative Session:: S7296

2017-S809 (ACTIVE) - Summary

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

2017-S809 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S809

 TITLE OF BILL :

An act to amend the civil practice law and rules, the criminal
procedure law, the court of claims act and the general municipal law,
in relation to the timeliness for commencing certain civil actions
related to sex offenses

 PURPOSE :

This bill eliminates the statutes of limitation for prosecuting child
sexual abuse crimes and filing civil lawsuits for damages against
individuals, public institutions, and private institutions related to
child sexual abuse. This act also creates a one-year revival period
for previously time-barred civil actions which alleged conduct
representing the commission of certain sexual offenses committed
against a child less than eighteen years of age.

 SUMMARY OF PROVISIONS :

Section 1. Amends section 208 of the civil practice law and rules to
state that all civil claims or causes of action brought by any 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
255.25, 255.26 or 255.27 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, may be commenced at any time.

Section 2. Adds a new section 3012-c to the civil practice law and
rules stating that 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 130 of the penal law committed against a
child less than 18 years of age, incest as defined in section 255.25,
255.26 or 255.27 of the penal law committed against a child less than
18 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 18 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 on or before one year after the effective date of this
section.

Section 3. Amends section 30.10 of the criminal procedure law to state
that a prosecution involving a sexual offense as defined in article
130 of the penal law committed against a child less than 18 years of
age, incest as defined in section 255.25, 255.26 or 255.27 of the
penal law committed against a child less than 18 years of age, or the
use of a child in a sexual performance as defined in section 263.05 of
the penal law may be commenced at any time.

Section 4. Amends section 10 of the court of claims act to state that
notwithstanding any other section of law requiring as a condition
precedent to commencement of an action or special proceeding that a
notice of claim be filed or presented, any cause of action brought
against an officer of employee of the state for physical,
psychological, or other injury or condition suffered as a result of
conduct which would constitute a sexual offense as defined in article
130 of the penal law committed against a child less than 18 years of
age, incest as defined in section 255.25, 255.26 or 255.27 of the
penal law committed against a child less than 18 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 18 years of age, may be commenced at any time.

Section 5. Amends section 50-i of the general municipal law to state
that notwithstanding any other section of law requiring as a condition
precedent to commencement of an action or special proceeding that a
notice of claim be filed or presented, any cause of action brought
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 constitute a sexual
offense as defined in article 130 of the penal law committed against a
child less than 18 years of age, incest as defined in section 255.25,
255.26 or 255.27 of the penal law committed against a child less than
18 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 18 years of age, may be commenced
at any time.

Section 6. Severance clause.

Section 7. Effective date.

 JUSTIFICATION :

According to the United State Department of Justice, approximately 1.8
million adolescents in the U.S. have been the victims of sexual
assault. An estimated 90t of perpetrators of sexual abuse are known to
the child, with about a third being family members. As a result,
disclosure of sexual abuse is often delayed, usually until adulthood.
Children often avoid telling anyone because they are afraid of a
negative reaction or of further abuse or harm at the hands of their
abuser.

Unfortunately for survivors of child sexual abuse, New York State does
not currently provide much opportunity for legal recourse. According
to constitutional scholar and Cardozo Law School Professor Marci
Hamilton, New York is one of the worst states in the nation for child
sexual abuse statutes of limitation, along with Georgia, Mississippi,
Alabama, and Michigan.

Under current law, survivors of child sexual abuse have until their
23rd birthday to bring criminal charges against their abusers for most
felony sexual abuse crimes. They have the same amount of time to bring
a civil lawsuit against their abuser.

A horrific pattern of child sexual abuse scandals has shown us that
now more than ever we need to change how we view the statutes of
limitation in cases of child sexual abuse.

This bill would remedy the situation in New York by eliminating the
statutes of limitation for prosecuting child sexual abuse crimes and
filing civil lawsuits for damages against individuals, public
institutions, and private institutions related to child sexual abuse.

This act also creates a one-year revival period for previously
time-barred civil actions which alleged conduct representing the
commission of certain sexual offenses committed against a child less
than eighteen years of age.



By eliminating the statutes of limitation in childhood sexual abuse
cases, victims of these horrific crimes will get their day in court
and finally be able to seek the justice they have been denied.

 LEGISLATIVE HISTORY :

S.7296 of 2016 (Hoylman): Died in Judiciary
A.9877 of 2016 (Markey):  Died in Codes

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
Immediately

2017-S809 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    809
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2017
                                ___________
 
 Introduced  by  Sens. HOYLMAN, STEWART-COUSINS, CARLUCCI, COMRIE, DILAN,
   GIANARIS,  KAMINSKY,  KENNEDY,  KLEIN,  KRUEGER,  MONTGOMERY,  PARKER,
   PERALTA, PERKINS, RIVERA, SANDERS, SAVINO, SERRANO, SQUADRON, STAVISKY
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Judiciary

 AN ACT to amend the civil practice law and rules, the criminal procedure
   law,  the  court  of  claims  act  and  the  general municipal law, 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:
 
   Section 1. 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 THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 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 WHO WAS EIGHTEEN YEARS OF AGE OR  LESS  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
 255.25, 255.26 OR 255.27 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 EIGH-
 TEEN YEARS OF AGE, SUCH ACTION MAY BE COMMENCED AT ANY TIME.
   § 2. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-g to  read as follows:
   §  214-G.  CERTAIN  CHILD  SEXUAL  ABUSE  CASES.   NOTWITHSTANDING ANY
 PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITATION TO  THE  CONTRARY,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05565-02-7

 S. 809                              2
 
 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  255.25,  255.26  OR
 255.27  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 ON OR BEFORE ONE YEAR AFTER THE EFFECTIVE DATE OF  THIS
 SECTION.
   §  3.  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] 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
 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  or  the  offense  is  reported  to a law enforcement agency or
 statewide central register of child abuse  and  maltreatment,  whichever
 occurs earlier] MAY BE COMMENCED AT ANY TIME.
   §  4. Section 10 of the court of claims act is amended by adding a new
 subdivision 3-c to read as follows:
   3-C. NOTWITHSTANDING ANY OTHER PROVISIONS  OF  LAW  TO  THE  CONTRARY,
 INCLUDING  ANY  OTHER SUBDIVISION OF THIS SECTION, REQUIRING AS A CONDI-
 TION PRECEDENT TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING THAT A
 NOTICE OF CLAIM BE FILED OR PRESENTED, ANY CAUSE OF  ACTION  BROUGHT  BY
 ANY  PERSON  AGAINST  AN  OFFICER OR EMPLOYEE OF THE STATE FOR PHYSICAL,
 PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED BY SUCH  PERSON  WHO
 WAS  EIGHTEEN  YEARS  OF  AGE OR LESS 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 255.25, 255.26 OR  255.27  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,
 MAY BE COMMENCED AT ANY TIME.
   § 5. Section 50-i of the general municipal law is amended by adding  a
 new subdivision 5 to read as follows:
   5.  NOTWITHSTANDING  ANY  OTHER  PROVISIONS  OF  LAW  TO THE CONTRARY,
 INCLUDING ANY OTHER SUBDIVISION OF THIS SECTION, SECTION FIFTY-E OF THIS
 ARTICLE, SECTION THIRTY-EIGHT HUNDRED THIRTEEN OF THE EDUCATION LAW, AND
 THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW OR CHARTER REQUIRING
 AS A CONDITION  PRECEDENT  TO  COMMENCEMENT  OF  AN  ACTION  OR  SPECIAL
 PROCEEDING  THAT  A  NOTICE OF CLAIM BE FILED OR PRESENTED, ANY CAUSE OF
 ACTION BROUGHT BY ANY PERSON AGAINST A CITY, COUNTY, TOWN, VILLAGE, FIRE

 S. 809                              3
 
 DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL OR OTHER  INJURY
 OR  CONDITION  SUFFERED  BY SUCH PERSON WHO WAS EIGHTEEN YEARS OF AGE OR
 LESS 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 255.25, 255.26 OR 255.27 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, MAY BE COMMENCED AT ANY TIME.
   § 6. 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, paragraph, subdi-
 vision or part thereof directly involved in  the  controversy  in  which
 such judgment shall have been rendered.
   § 7. This act shall take effect immediately.

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