Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law, incest in the first, second or third degrees or use of a child in a sexual performance committed against a person less than eighteen years of age shall not begin to run until the person has reached the age of twenty-three or the offense is reported to law enforcement or the statewide central register of child abuse and maltreatment, whichever occurs earlier; allows civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered as a result of conduct that is a sex offense as defined in article 130 of or the penal law, incest or use of a child in a sexual performance committed against a child who was less that eighteen years of age at the time shall be allowed to be commenced five years after the child reaches the age of twenty-three; revives for 1 year, any such civil claim or cause of action which was barred because the applicable statute of limitations expired.

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A5488-2011 Actions

• Jan 4, 2012: referred to codes
• Feb 22, 2011: referred to codes

A5488-2011 Text

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

                                    5488

                         2011-2012 Regular Sessions

                            I N  ASSEMBLY

                              February 22, 2011
                                 ___________

  Introduced  by  M.  of A. MARKEY, MILLMAN, BRENNAN, GALEF, GLICK, AUBRY,
    MAYERSOHN, PRETLOW, JAFFEE, LATIMER, GUNTHER, HIKIND,  ENGLEBRIGHT  --
    Multi-Sponsored  by  --  M.  of  A.   CLARK, GOTTFRIED, JACOBS, MAGEE,
    RAMOS, RUSSELL -- read once and referred to the Committee on Codes

  AN ACT to amend the criminal procedure law, in relation to  the  timeli-
    ness  of prosecutions for certain sex offenses; and to amend the civil
    practice law and rules, 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. 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
  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 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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD08258-01-1

 A. 5488                             2

  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 PERFORM-
  ANCE 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,
  THE  TIME WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED TO
  FIVE YEARS AFTER THE PERSON REACHES THE AGE OF TWENTY-THREE YEARS.
    S 3. The civil practice law and rules  is  amended  by  adding  a  new
  section 3012-b to  read as follows:

    S  3012-B. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT. (A)
  NOTWITHSTANDING ANY PROVISION OF LAW WHICH IMPOSES A PERIOD  OF  LIMITA-
  TION  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 255.25, 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 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 IS HEREBY REVIVED, AND
  ACTION THEREON MAY BE COMMENCED PROVIDED THAT SUCH ACTION  IS  COMMENCED
  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SECTION.
    (B)  IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION (A) OF THIS SECTION
  FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS  A
  RESULT  OF  CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DESCRIBED
  IN SUBDIVISION (A) OF THIS SECTION, THE COMPLAINT SHALL  BE  ACCOMPANIED
  BY  A  CERTIFICATE  OF  MERIT  AS  DESCRIBED  IN SUBDIVISION (C) OF THIS
  SECTION.
    (C) A CERTIFICATE OF MERIT FILED PURSUANT TO SUBDIVISION (B)  OF  THIS
  SECTION  SHALL  BE  FILED  BY  THE  ATTORNEY FOR THE PLAINTIFF AND SHALL
  CONTAIN A NOTARIZED STATEMENT BY A QUALIFIED PSYCHIATRIST, AS DEFINED IN
  SECTION 9.01 OF THE MENTAL  HYGIENE  LAW,  A  PSYCHOLOGIST  AS  LICENSED
  PURSUANT  TO  ARTICLE ONE HUNDRED FIFTY-THREE OF THE EDUCATION LAW, OR A
  PERSON IN THE PRACTICE OF MENTAL HEALTH COUNSELING, AS DEFINED IN SUBDI-
  VISION ONE OF SECTION EIGHTY-FOUR HUNDRED TWO OF THE EDUCATION LAW,  WHO
  IS  KNOWLEDGEABLE  IN  THE  RELEVANT  FACTS  AND  ISSUES INVOLVED IN THE
  PARTICULAR ACTION, AND STATES IN REASONABLE DETAIL THE FACTS  AND  OPIN-
  IONS  THAT  THE  PERSON  HAS  RELIED UPON FOR CONCLUDING THAT THERE IS A
  REASONABLE BASIS TO BELIEVE THAT THE PLAINTIFF HAS BEEN SUBJECT  TO  ONE
  OR  MORE ACTS OF CHILD SEXUAL ABUSE OF THE TYPE DESCRIBED IN SUBDIVISION
  (A) OF THIS SECTION. THE PERSON PROVIDING SUCH STATEMENT MAY  NOT  BE  A
  PARTY TO THE LITIGATION.
    (D) WHERE A CERTIFICATE IS REQUIRED PURSUANT TO THIS SECTION, A SINGLE
  CERTIFICATE  SHALL  BE  FILED  FOR  EACH  ACTION,  EVEN IF MORE THAN ONE
  DEFENDANT HAS BEEN NAMED IN THE COMPLAINT OR IS SUBSEQUENTLY NAMED.
    S 4. 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-

 A. 5488                             3

  vision  or  part  thereof  directly involved in the controversy in which
  such judgment shall have been rendered.
    S  5.  This  act  shall take effect immediately, provided that section
  three of this act shall take effect on the sixtieth day after  this  act
  shall have become a law.