Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law, incest 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 the penal law, incest or use of a child in a sexual performance committed against a child who was less than 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.

---

S836-2013 Actions

• Jan 9, 2013: REFERRED TO CODES

S836-2013 Memo

BILL NUMBER:S836

TITLE OF BILL:
An act
to amend the criminal procedure law, in relation to the timeliness of
prosecutions for certain sex offenses; to amend the civil practice
law and rules, in relation to the timeliness for commencing
certain civil actions
related to sex offenses; and to amend the general municipal law, in
relation to claims against a city, county, town, village, fire district
or school district

PURPOSE:
The bill amends the criminal Procedure Law and the civil Practice Law
and Rules to extend the statute of limitations for criminal and civil
actions for sex offenses under article one hundred thirty of the
Penal Law committed against a child less than eighteen years of age,
for incest against a child less then eighteen years of age or the use
of a child in a sexual performance.

SUMMARY OF PROVISIONS:
Section one of the bill amends the Criminal Procedure Law to increase
the criminal statute of limitation for the prosecution of certain sex
offenses committed against a child under the age of eighteen, for
incest against a child less then eighteen years of age or the use of
a child in a sexual performance. The period of limitation would not
begin to run until the child reaches the age of 23 years or the
offense is reported to a law enforcement agency or the statewide
central register of child abuse and maltreatment.

Section two of the bill would extend the civil statute of limitation
for causes of action to remedy injuries or conditions 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. Such an
action must be commenced when one knows or should have known that the
criminal act cause injury within three years of the discovery of the
injury.

Section three of the bill would revive expired civil causes of action
based on 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.. Persons for whom the
right to bring a civil action has been foreclosed because of the
current civil statute of limitations bar would be given a one-year
"window period" from the date of enactment of the bill, regardless of
their age, in which to bring an action to recover damages for any
past instance of child sexual abuse. Prior to the commencement of
the action, the plaintiff must obtain a certificate of merit by a


mental health expert that states in reasonable detail the facts and
opinions relied upon for concluding that the plaintiff was 3 victim
of sexual abuse. The complaint shall be accompanied by a certificate
of merit as described in subdivision (c) of this section.
Section four of the bill states that the notice of claim provisions
for a city, county, town, village, fire district or school district
outlined in Section 50 of the general municipal law will not apply to
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.

Section 5 of the bill is a savings clause.

Section six of the bill is the effective date. The bill would take
effect immediately but section three which revives expired claims
would take effect 60 days after becoming law.

JUSTIFICATION:
Sex crimes, particularly those committed against children, are among
the most heinous and deeply disturbing in our society. They are
crimes that leave life-long scars, multiple victims and require an
all encompassing strategy to combat. This proposal would extend the
authority to prosecute and to bring a civil lawsuit for damages in
child sexual abuse cases in three significant ways, regardless of
whether or not DNA evidence is available. This bill will provide a
remedy for those whose lives have been unalterably changed by the
horror of childhood sexual abuse. Victims of these horrific crimes
will get their day in court and be able to seek the justice they have
been denied.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately, with provisions.

S836-2013 Text

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

                                     836

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced by Sen. ESPAILLAT -- 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 timeli-
    ness of prosecutions for certain sex  offenses;  to  amend  the  civil
    practice  law  and rules, in relation to the timeliness for commencing
    certain civil actions related to sex offenses; and to amend the gener-
    al municipal law, in relation to claims against a city, county,  town,
    village, fire district or school district

    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

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD04272-01-3

 S. 836                              2

  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  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 WHICH THE ACTION MUST BE COMMENCED SHALL BE WHEN ONE  KNOWS  OR
  REASONABLY  SHOULD  HAVE  KNOWN OF THE ALLEGED CRIMINAL ACT AND KNOWS OR
  SHOULD HAVE KNOWN THAT THE CRIMINAL ACT CAUSED INJURY WITHIN THREE YEARS
  OF THE DISCOVERY OF THE INJURY.
    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. Section 50-i of the general municipal law is amended by adding  a
  new subdivision 5 to read as follows:


 S. 836                              3

    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 OF A DEFENDANT 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 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
  YEARS OF AGE.
    S 5. 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.
    S 6. 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.