NY State Senate Bill 2023-S4408

Current Bill Status - In Senate Committee Judiciary 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
Jan 03, 2024	referred to judiciary
Feb 08, 2023	referred to judiciary

2023-S4408 (ACTIVE) - Details

See Assembly Version of this Bill:: A6878
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-k, CPLR
Versions Introduced in 2021-2022 Legislative Session:: S7301

2023-S4408 (ACTIVE) - Summary

Extends the statute of limitations to bring a claim arising out of an alleged sexual offense by a law enforcement officer if the alleged offense occurred while the officer was employed by a law enforcement agency.

2023-S4408 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4408

SPONSOR: FERNANDEZ
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to certain
actions against law enforcement officers

 
PURPOSE OR GENERAL IDEA OF BILL:

To extend the statute of limitations for civil claims originating from
sexual assault or harassment committed by a law enforcement officer.

 
SUMMARY OF PROVISIONS:

Section 1 amends the civil practice law and rules by adding section
214-i, exempting alleged sexual offenses that occurred when an officer
was employed by a law enforcement agency from all state and local notice
of claim requirements.

Extends the window of 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 by a law enforcement
officer to ten years after the date of judgment against a law enforce-
ment officer in a criminal case for a sexual offense, ten years after
the law enforcement officer is no longer employed by the law enforcement
agency that employed the officer when the alleged sexual offense
occurred, or three years from the date the plaintiff discovers or
reasonably should have discovered that an injury or illness resulted
from an act, attempted act, or assault.

Section 2 sets forth an effective date.

 
JUSTIFICATION:

Following the removal of statute 50A that shielded disciplinary investi-
gations from the public, New Yorkers are calling for more accountability
from those who are sworn to protect and serve them.  This accountability
must extend to acts of sexual harassment and assault committed by
police.

The ACLU references a survey of 1,000 New York City youth, finding that
two out of every five women had been sexually harassed by police offi-
cers. In 2015, a report from the Buffalo News illustrated that over the
previous decade, instances of sexual misconduct cases committed by
police were occuring at least every five days. Victims of these sexual
crimes are often pitted against a daunting power dynamic and an institu-
tion already rigged against them.

This bill is intended to level the playing field for survivors who expe-
rienced sexual assault or harassment by a police officer. By extending
the statute of limitations of civil lawsuits against police officers who
have committed sexual offenses, we will give victims the chance to
address this imbalance of power, and get the justice they deserve. This
bill would give victims who wish to bring a civil case for physical,
psychological or other injury or condition suffered as a result of
conduct by a law enforcement officer additional time to bring a case.
Victims would have ten years after the date of a judgment against a law
enforcement officer in a criminal case for a sexual offense, ten years
after the law enforcement officer is no longer employed by the law
enforcement agency that employed the officer when the alleged sexual
offense occurred, or three years from the date the plaintiff discovers
or reasonably should have discovered that an injury or illness resulted
from an act, attempted act, or assault.

 
PRIOR LEGISLATIVE HISTORY:

2021-2022: S7301

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S4408 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4408
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- 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, in relation to certain
   actions against law enforcement officers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-k to read as follows:
   § 214-K. CERTAIN ACTIONS AGAINST LAW ENFORCEMENT OFFICERS. (A) A CLAIM
 ARISING OUT OF AN ALLEGED SEXUAL OFFENSE BY A LAW ENFORCEMENT OFFICER IF
 THE ALLEGED OFFENSE OCCURRED WHILE THE OFFICER WAS  EMPLOYED  BY  A  LAW
 ENFORCEMENT  AGENCY IS EXEMPTED FROM ALL STATE AND LOCAL NOTICE OF CLAIM
 REQUIREMENTS.
   (B) NOTWITHSTANDING ANY OTHER LIMITATION SET FORTH  IN  THIS  ARTICLE,
 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 BY A LAW ENFORCEMENT OFFICER WHICH
 OCCURRED ON OR AFTER THE PLAINTIFF'S EIGHTEENTH BIRTHDAY AND WHILE  SUCH
 OFFICER  WAS EMPLOYED BY A LAW ENFORCEMENT AGENCY WHICH WOULD CONSTITUTE
 A SEXUAL OFFENSE, SUCH ACTION MAY BE COMMENCED AGAINST SUCH LAW ENFORCE-
 MENT OFFICER WITHIN THE LATER OF:
   1. TEN YEARS AFTER THE DATE OF  JUDGMENT  AGAINST  A  LAW  ENFORCEMENT
 OFFICER  IN  A  CRIMINAL  CASE  FOR  A SEXUAL OFFENSE WHERE THE JUDGMENT
 AGAINST SUCH LAW ENFORCEMENT OFFICER AROSE OUT OF THE SAME SET OF OPERA-
 TIVE FACTS AS THE ALLEGATION IN THE PRESENT CLAIM; OR
   2. TEN YEARS AFTER THE LAW ENFORCEMENT OFFICER IS NO  LONGER  EMPLOYED
 BY THE LAW ENFORCEMENT AGENCY THAT EMPLOYED THE OFFICER WHEN THE ALLEGED
 SEXUAL OFFENSE OCCURRED.
   (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (B) OF THIS SECTION,
 A  CLAIM  SEEKING  TO  RECOVER  DAMAGES ARISING OUT OF AN ALLEGED SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08742-01-3

 S. 4408                             2
 
 OFFENSE BY A LAW ENFORCEMENT OFFICER,  IF  THE  ALLEGED  SEXUAL  OFFENSE
 OCCURRED  ON  OR AFTER THE PLAINTIFF'S EIGHTEENTH BIRTHDAY AND WHILE THE
 OFFICER WAS EMPLOYED BY A LAW ENFORCEMENT  AGENCY,  THAT  HAS  NOT  BEEN
 LITIGATED  TO  FINALITY OR COMPROMISED BY AN EXECUTED WRITTEN SETTLEMENT
 AGREEMENT AND THAT WOULD OTHERWISE  BE  BARRED  BECAUSE  THE  APPLICABLE
 STATUTE  OF  LIMITATIONS,  ANY STATE OR LOCAL GOVERNMENT NOTICE OF CLAIM
 DEADLINE, OR ANY OTHER APPLICABLE TIME  LIMIT  HAS  EXPIRED,  IS  HEREBY
 REVIVED  AND  MAY  BE  COMMENCED IF FILED WITHIN EITHER OF THE FOLLOWING
 PERIODS OF TIME:
   1. TEN YEARS FROM THE DATE OF THE LAST ACT, ATTEMPTED ACT, OR  ASSAULT
 WITH THE INTENT TO COMMIT AN ACT, OF A SEXUAL OFFENSE AGAINST THE PLAIN-
 TIFF; OR
   2.  THREE  YEARS  FROM  THE DATE THE PLAINTIFF DISCOVERS OR REASONABLY
 SHOULD HAVE DISCOVERED THAT AN INJURY OR ILLNESS RESULTED FROM  AN  ACT,
 ATTEMPTED  ACT, OR ASSAULT WITH THE INTENT TO COMMIT AN ACT, OF A SEXUAL
 OFFENSE AGAINST THE PLAINTIFF.
   (D) AS USED IN THIS  SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "SEXUAL  OFFENSE" MEANS A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW, OR INCEST AS DEFINED IN SECTION 255.27,
 255.26 OR 255.25 OF THE PENAL LAW.
   2. "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR  PEACE  OFFICER
 AS SUCH TERMS ARE DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   3.  "LAW  ENFORCEMENT  AGENCY"  MEANS  ANY  ENTITY WHICH EMPLOYS A LAW
 ENFORCEMENT OFFICER.
   § 2. This act shall take effect immediately.

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Senate Bill S4408

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee

2023-S4408 (ACTIVE) - Details

2023-S4408 (ACTIVE) - Summary

2023-S4408 (ACTIVE) - Sponsor Memo

2023-S4408 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4408

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Sponsored By

Nathalia Fernandez

Current Bill Status - In Senate Committee Judiciary Committee

2023-S4408 (ACTIVE) - Details

2023-S4408 (ACTIVE) - Summary

2023-S4408 (ACTIVE) - Sponsor Memo

2023-S4408 (ACTIVE) - Bill Text download pdf

Comments