NY State Senate Bill 2021-S8722

Senate Bill S8722

2021-2022 Legislative Session

Relates to the statute of limitations of actions related to certain sex trafficking offenses

download bill text pdf

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
Apr 05, 2022	referred to codes

2021-S8722 (ACTIVE) - Details

See Assembly Version of this Bill:: A10612
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §§208, 214-g & 213-c, add §214-j, CPLR; amd §§50-e & 50-i, Gen Muni L; amd §10, Ct Claims Act; amd §3813, Ed L
Versions Introduced in Other Legislative Sessions:: 2023-2024: S349, A1940
2025-2026: S116

2021-S8722 (ACTIVE) - Summary

Extends the statute of limitations of actions related to certain sex trafficking offenses, reviving such actions otherwise barred by the existing statute of limitations; grants trial preference to such actions; exempts such actions from certain provisions requiring notice of claims.

2021-S8722 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8722

SPONSOR: CLEARE
 
TITLE OF BILL:

An act to amend the criminal procedure law, in relation to the statute
of limitations in criminal prosecution of certain sex trafficking
crimes; to amend the civil practice law and rules, in relation to the
statute of limitations for civil actions related to certain sex traf-
ficking offenses, reviving such actions otherwise 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 actions related to certain
sex trafficking offenses; to amend the court of claims act, in relation
to providing that the notice of intention to file provisions shall not
apply to actions related to certain sex trafficking offenses; and to
amend the education law, in relation to providing that the notice of
claim provisions shall not apply to actions related to certain sex traf-
ficking offenses

 
PURPOSE OF BILL:

This bill would extend the criminal and civil statutes of limitation to

increase the time periods in which a prosecution for sex trafficking and
sex trafficking of a child may be commenced and increase the time in
which a civil suit may be brought;

 
EXISTING LAW:

Currently, a prosecution for sex trafficking or sex trafficking of a
child must be commenced within five years of the commission of the
offense. A civil suit must be brought within 5 years.

 
JUSTIFICATION:

Trauma and culture force survivors of sexual offenses into silence.
Statutes of limitation often render it impossible for these survivors to
get justice when they are finally able to bravely come forward and break
their silence.

New York has recognized this issue by eliminating the statutes of limi-
tation for B Felony sexual offenses, including rape in the first degree,
aggravated sexual abuse, course of sexual conduct against a child, and
incest in the first degree and by extending the statutes of limitation
for other sexual offenses, including rape in the second degree, criminal
sexual act in the second degree, incest in the second degree, rape in
the third degree, and criminal sexual act in the third degree.

Similarly, New York recognized the importance of increasing protections
for survivors of these crimes by extending the time period in which a
civil suit may be commenced.

This bill would provide sex trafficking survivors with the same
protections as survivors of other B Felony sex offenses. It would remove
the statute of limitations for sex trafficking and sex trafficking of a
child and would extend the time period in which a civil cause of action
can be commenced. The extended civil guidelines would give survivors of
child trafficking the same protections as survivors of other sexual

offenses committed against them in childhood, and it would likewise
grant this same humanity to adult survivors.

 
LEGISLATIVE HISTORY:

New.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediate.

2021-S8722 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8722
 
                             I N  S E N A T E
 
                               April 5, 2022
                                ___________
 
 Introduced  by  Sen.  CLEARE -- 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  statute
   of  limitations  in  criminal  prosecution  of certain sex trafficking
   crimes; to amend the civil practice law and rules, in relation to  the
   statute  of limitations for civil actions related to certain sex traf-
   ficking offenses, reviving such actions otherwise barred by the exist-
   ing 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 actions related
   to certain sex trafficking offenses; to amend the court of claims act,
   in relation  to  providing  that  the  notice  of  intention  to  file
   provisions shall not apply to actions related to certain sex traffick-
   ing offenses; and to amend the education law, in relation to providing
   that the notice of claim provisions shall not apply to actions related
   to certain sex trafficking offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 2  of  section  30.10  of  the
 criminal  procedure  law, as amended by chapter 315 of the laws of 2019,
 is amended to read as follows:
   (a) A prosecution for a class A felony, or rape in the first degree as
 defined in section 130.35 of the  penal  law,  or  a  crime  defined  or
 formerly defined in section 130.50 of the penal law, or aggravated sexu-
 al  abuse  in the first degree as defined in section 130.70 of the penal
 law, or course of sexual conduct against a child in the first degree  as
 defined  in  section  130.75  of  the  penal  law, OR SEX TRAFFICKING AS
 DEFINED IN SECTION 230.34 OF THE PENAL LAW,  OR  SEX  TRAFFICKING  OF  A
 CHILD  AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW, or incest in the
 first degree as defined in section  255.27  of  the  penal  law  may  be
 commenced at any time;
   §  2.  Paragraph (f) of subdivision 3 of section 30.10 of the criminal
 procedure law, as amended by chapter 11 of the laws of 2019, is  amended
 to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD15288-01-2
 S. 8722                             2
 
   (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
 section,] committed against a child less than eighteen years of age, THE
 PERIOD  OF LIMITATION SHALL NOT BEGIN TO RUN UNTIL THE CHILD HAS REACHED
 THE AGE OF TWENTY-THREE OR THE OFFENSE IS REPORTED TO A LAW  ENFORCEMENT
 AGENCY  OR  STATEWIDE  CENTRAL REGISTER OF CHILD ABUSE AND MALTREATMENT,
 WHICHEVER OCCURS EARLIER.   THIS PARAGRAPH SHALL  NOT  APPLY  TO  SEXUAL
 OFFENSES  DELINEATED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAFFICK-
 ING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW  COMMITTED  AGAINST  A
 CHILD  LESS  THAN  EIGHTEEN  YEARS OF AGE, SEX TRAFFICKING OF A CHILD AS
 DEFINED IN SECTION 230.34-A OF THE  PENAL  LAW,  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 performance as defined in section
 263.05 of the penal law[, the period of limitation shall  not  begin  to
 run  until  the child has reached the age of twenty-three or the offense
 is reported to a law enforcement agency or statewide central register of
 child abuse and maltreatment, whichever occurs earlier].
   § 3. Subdivision (b) of section 208 of  the  civil  practice  law  and
 rules, as added by chapter 11 of the laws of 2019, is amended to read as
 follows:
   (b)  Notwithstanding  any  provision  of law which imposes a period of
 limitation to the contrary and the provisions of any other law  pertain-
 ing  to the filing of a notice of claim or a notice of intention to file
 a claim as a condition precedent to commencement of an action or special
 proceeding, 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,
 SEX  TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW COMMITTED
 AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,  SEX  TRAF-
 FICKING  OF  A  CHILD  AS  DEFINED IN SECTION 230.34-A OF THE PENAL LAW,
 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  commission  of  said
 conduct,  on or before the plaintiff or infant plaintiff reaches the age
 of fifty-five years. In any such claim or action,  in  addition  to  any
 other  defense  and affirmative defense that may be available in accord-
 ance 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 sections of the penal law shall apply.
   § 4. Section 214-g of the civil practice law and rules, as amended  by
 chapter 130 of the laws of 2020, is amended 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
 and the provisions of any other law pertaining to the filing of a notice
 S. 8722                             3
 
 of  claim or a notice of intention to file a claim as a condition prece-
 dent to commencement of an action or  special  proceeding,  every  civil
 claim  or cause of action brought against any party alleging intentional
 or  negligent acts or omissions 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,
 SEX  TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW COMMITTED
 AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX  TRAFFICKING  OF  A
 CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW, 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 prede-
 cessor 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, and/or the plaintiff
 previously failed to file a notice of claim or a notice of intention  to
 file a claim, is hereby revived, and action thereon may be commenced not
 earlier  than  six  months  after,  and not later than two years and six
 months after the effective date of this section. In any  such  claim  or
 action:  (a)  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
 sections of the penal law shall apply; and (b) dismissal of  a  previous
 action,  ordered  before  the effective date of this section, on grounds
 that such previous action was time barred, and/or for failure of a party
 to file a notice of claim or a notice of  intention  to  file  a  claim,
 shall  not be grounds for dismissal of a revival action pursuant to this
 section.
   § 5. Section 213-c of the civil practice law and rules, as amended  by
 chapter 315 of the laws of 2019, is amended to read as follows:
   §  213-c.  Action  by  victim  of  conduct constituting certain sexual
 offenses. Notwithstanding any other limitation set forth in  this  arti-
 cle,  except as provided in subdivision (b) of section two hundred eight
 of this article, 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 rape in the
 first  degree  as defined in section 130.35 of the penal law, or rape in
 the second degree as defined in subdivision two of section 130.30 of the
 penal law, or rape in the third degree as defined in subdivision one  or
 three  of section 130.25 of the penal law, or criminal sexual act in the
 first degree as defined in section 130.50 of the penal law, or  criminal
 sexual act in the second degree as defined in subdivision two of section
 130.45  of  the penal law, or criminal sexual act in the third degree as
 defined in subdivision one or three of section 130.40 of the penal  law,
 or  incest in the first degree as defined in section 255.27 of the penal
 law, or incest in the second degree as defined in section 255.26 of  the
 penal  law  (where  the  crime committed is rape in the second degree as
 defined in subdivision two of section 130.30 of the penal law or  crimi-
 nal  sexual  act  in  the second degree as defined in subdivision two of
 section 130.45), or aggravated sexual  abuse  in  the  first  degree  as
 defined  in section 130.70 of the penal law, or course of sexual conduct
 S. 8722                             4
 
 against a child in the first degree as defined in section 130.75 of  the
 penal  law, OR SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL
 LAW, OR SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE
 PENAL  LAW  may be brought against any party whose intentional or negli-
 gent acts or omissions are alleged to have resulted in the commission of
 the said conduct, within twenty years. Nothing in this section shall  be
 construed  to  require  that  a criminal charge be brought or a criminal
 conviction be obtained as a condition  of  bringing  a  civil  cause  of
 action  or  receiving  a  civil  judgment pursuant to this section or be
 construed to require that any of the rules governing a criminal proceed-
 ing be applicable to any such civil action.
   § 6. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-j to read as follows:
   §   214-J.  CERTAIN  SEXUAL  OFFENSE  ACTIONS.    NOTWITHSTANDING  ANY
 PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITATION  TO  THE  CONTRARY
 AND THE PROVISIONS OF ANY OTHER LAW PERTAINING TO THE FILING OF A NOTICE
 OF  CLAIM OR A NOTICE OF INTENTION TO FILE A CLAIM AS A CONDITION PRECE-
 DENT TO COMMENCEMENT OF AN ACTION OR  SPECIAL  PROCEEDING,  EVERY  CIVIL
 CLAIM  OR CAUSE OF ACTION BROUGHT AGAINST ANY PARTY ALLEGING INTENTIONAL
 OR NEGLIGENT ACTS OR OMISSIONS 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 SUCH PERSON WHO WAS  EIGHTEEN  YEARS  OF
 AGE  OR  OLDER,  OR  SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE
 PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS EIGHTEEN YEARS OF AGE OR
 OLDER, OR INCEST AS DEFINED IN SECTION 255.26 OR 255.27 OF THE PENAL LAW
 COMMITTED AGAINST SUCH PERSON WHO WAS EIGHTEEN YEARS OF  AGE  OR  OLDER,
 WHICH  IS  BARRED  AS  OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE THE
 APPLICABLE PERIOD OF LIMITATION HAS EXPIRED, AND/OR THE PLAINTIFF PREVI-
 OUSLY FAILED TO FILE A NOTICE OF CLAIM OR A NOTICE OF INTENTION TO  FILE
 A  CLAIM,  IS  HEREBY  REVIVED,  AND ACTION THEREON MAY BE COMMENCED NOT
 EARLIER THAN SIX MONTHS AFTER, AND NOT  LATER  THAN  ONE  YEAR  AND  SIX
 MONTHS  AFTER  THE  EFFECTIVE DATE OF THIS SECTION. IN ANY SUCH CLAIM OR
 ACTION, DISMISSAL OF A PREVIOUS ACTION,  ORDERED  BEFORE  THE  EFFECTIVE
 DATE  OF  THIS  SECTION,  ON  GROUNDS THAT SUCH PREVIOUS ACTION WAS TIME
 BARRED, AND/OR FOR FAILURE OF A PARTY TO FILE A NOTICE  OF  CLAIM  OR  A
 NOTICE  OF INTENTION TO FILE A CLAIM, SHALL NOT BE GROUNDS FOR DISMISSAL
 OF A REVIVAL ACTION PURSUANT TO THIS SECTION.
   § 7. Paragraph (b) of subdivision 8 of section  50-e  of  the  general
 municipal law, as added by chapter 11 of the laws of 2019, is amended to
 read as follows:
   (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, SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF
 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF  THE  PENAL
 LAW,  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.
   § 8. Subdivision 5 of section 50-i of the general  municipal  law,  as
 added by chapter 11 of the laws of 2019, is amended 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,
 S. 8722                             5
 
 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, SEX
 TRAFFICKING  AS  DEFINED  IN  SECTION  230.34 OF THE PENAL LAW COMMITTED
 AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX  TRAFFICKING  OF  A
 CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW, 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.
   § 9. Subdivision 10 of section 10 of the court of claims act, as added
 by chapter 11 of the laws of 2019, is amended 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, SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE  PENAL
 LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAF-
 FICKING  OF  A  CHILD  AS  DEFINED IN SECTION 230.34-A OF THE PENAL LAW,
 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.
   § 10. Subdivision 2 of section 3813 of the education law,  as  amended
 by chapter 11 of the laws of 2019, 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,
 SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A 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.
   § 11. Severability. If any clause,  sentence,  paragraph,  section  or
 part  of  this act shall be adjudged by any court of competent jurisdic-
 tion to be invalid and after exhaustion of all further judicial  review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of,  but  shall  be  confined  in its operation to the clause, sentence,
 paragraph, section or part of this act directly involved in the  contro-
 versy in which the judgment shall have been rendered.
 S. 8722                             6
 
   §  12.  This act shall take effect immediately and shall apply to acts
 or omissions occurring on or after such effective date and  to  acts  or
 omissions  occurring  prior  to such effective date where the applicable
 statute of limitations in effect on the date of such act or omission has
 not yet expired.

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