S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8421
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 14, 2017
                                ___________
 
 Introduced by M. of A. ROSENTHAL -- (at request of the Governor) -- read
   once and referred to the Committee on Codes
 
 AN  ACT  to amend the criminal procedure law, in relation to the statute
   of limitations in criminal prosecution of a sexual  offense  committed
   against  a  child;  to  amend  the  civil  practice  law and rules, in
   relation to the statute of limitations for civil actions related to  a
   sexual offense committed against a child, reviving such actions other-
   wise  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 such actions; to amend the court of claims act,  in  relation
   to providing that the notice of intention to file provisions shall not
   apply  to  such  actions;  to  amend the education law, in relation to
   providing that the notice of claim provisions shall not apply to  such
   actions;  and  to  amend  the  judiciary  law, in relation to judicial
   training relating to sexual abuse of minors and rules  reviving  civil
   actions relating to sexual offenses committed against children

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

                                                            LBD12014-01-7

 A. 8421                             2
 
 [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.
   §  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  ANY  PROVISION  OF LAW WHICH IMPOSES A PERIOD OF
 LIMITATION TO THE CONTRARY, 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, 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  COMMIS-
 SION  OF  SAID  CONDUCT,  ON OR BEFORE THE PLAINTIFF OR INFANT PLAINTIFF
 REACHES THE AGE OF FIFTY YEARS. IN ANY SUCH CLAIM OR ACTION, 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 SECTION OF THE PENAL LAW SHALL APPLY.
   § 3. 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,
 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, 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 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 NOT EARLIER THAN SIX MONTHS AFTER, AND NOT  LATER  THAN
 ONE  YEAR  AND  SIX  MONTHS  AFTER  THE  EFFECTIVE DATE OF THIS SECTION,
 SUBJECT TO PARAGRAPH TWO OF SUBDIVISION (I) OF RULE  THIRTY-TWO  HUNDRED
 ELEVEN  OF THIS CHAPTER. 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 SECTION OF THE PENAL LAW SHALL APPLY.

 A. 8421                             3
 
   §  4.  Rule  3211  of  the  civil practice law and rules is amended by
 adding a new subdivision (i) to read as follows:
   (I)  MOTIONS TO DISMISS AND MOTIONS TO DISMISS AFFIRMATIVE DEFENSES IN
 CERTAIN ACTIONS IN WHICH CONDUCT CONSTITUTING THE COMMISSION OF  CERTAIN
 SEXUAL  OFFENSES ARE ALLEGED. 1. IN ANY ACTION WHERE THE PLAINTIFF SEEKS
 TO REVIVE AN ACTION PURSUANT TO SECTION TWO HUNDRED FOURTEEN-G  OF  THIS
 CHAPTER AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION WHICH HAD BEEN TIME
 BARRED, ANY AFFIRMATIVE DEFENSE OF LACHES, DELAY, OR MATERIAL IMPAIRMENT
 IN  THE  DEFENSE  OR  INVESTIGATION  OF THE CLAIM MUST BE SUPPORTED BY A
 CERTIFICATE OF MERIT SUBMITTED BY A PERSON WITH KNOWLEDGE OF  THE  FACTS
 SETTING  FORTH THE SPECIFIC MANNER IN WHICH THE DEFENSE OR INVESTIGATION
 HAS BEEN AFFECTED. SAID CERTIFICATE MUST BE FILED AT OR BEFORE THE  TIME
 IN WHICH THE ANSWER IS SERVED, UNLESS OTHERWISE PROVIDED BY ORDER OF THE
 COURT.
   2. UPON MOTION BY ANY PARTY, THE COURT SHALL DETERMINE BY A PREPONDER-
 ANCE  OF THE EVIDENCE, WHETHER DEFENDANT HAS SUSTAINED HIS OR HER BURDEN
 OF PROOF ON ANY MOTION TO DISMISS  THE  ACTION  OR  ON  ANY  AFFIRMATIVE
 DEFENSE IN WHICH IT IS ALLEGED THAT PREJUDICE HAS BEEN CAUSED TO DEFEND-
 ANT  IN  THE  INVESTIGATION  OR DEFENSE OF THE ACTION DIRECTLY RESULTING
 FROM A DELAY IN COMMENCING THE ACTION. A DEFENDANT SHALL NOT  BE  DEEMED
 PREJUDICED SOLELY ON ACCOUNT OF THE PASSAGE OF TIME.
   3.  FURTHERMORE,  IN ANY SUCH ACTION, 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 SECTION OF THE PENAL LAW SHALL APPLY.
   §  5. Subdivision (a) of rule 3403 of the civil practice law and rules
 is amended by adding a new paragraph 7 to read as follows:
   7. ANY ACTION WHICH HAS BEEN REVIVED PURSUANT TO SECTION  TWO  HUNDRED
 FOURTEEN-G OF THIS CHAPTER.
   §  6.  Subdivision  8 of section 50-e of the general municipal law, as
 amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
 follows:
   8.  Inapplicability  of  section.  (A) This section shall not apply to
 claims arising under the provisions of the  workers'  compensation  law,
 the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
 workers' benefit law or to claims against public corporations  by  their
 own infant wards.
   (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, 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.
   §  7. Section 50-i of the general municipal law is amended by adding a
 new subdivision 5 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,
 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

 A. 8421                             4

 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.
   § 8. Section 10 of the court of claims act is amended by adding a  new
 subdivision 10 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, 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 2 of section 3813 of the education law, as amended by
 chapter 346 of the laws of 1978, 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,
 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.  Section 219-c of the judiciary law, as added by chapter 506 of
 the laws of 2011, is amended to read as follows:
   § 219-c. Crimes involving sexual  assault  AND  THE  SEXUAL  ABUSE  OF
 MINORS;  judicial  training.  The  office  of court administration shall
 provide training for judges and justices with respect to crimes  involv-
 ing sexual assault, AND THE SEXUAL ABUSE OF MINORS.
   §  11.  The  judiciary law is amended by adding a new section 219-d to
 read as follows:
   § 219-D. RULES REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES AGAINST CHIL-
 DREN.  THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES  FOR
 THE  TIMELY  ADJUDICATION OF REVIVED ACTIONS BROUGHT PURSUANT TO SECTION
 TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES.
   § 12. 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,  para-

 A. 8421                             5

 graph,  subdivision or part thereof directly involved in the controversy
 in which such judgment shall have been rendered.
   §  13. This act shall take effect immediately; except that section ten
 of this act shall take effect six  months  after  this  act  shall  have
 become  a law; provided, however, that training for cases brought pursu-
 ant to section 214-g of the civil practice law and rules,  as  added  by
 section  three  of  this act, shall commence three months after this act
 shall have become a law; and section  eleven  of  this  act  shall  take
 effect three months after this act shall have become a law.