A02596 Summary:

BILL NO    A02596B

SAME AS    Same as S 5893

SPONSOR    Markey (MS)

COSPNSR    Millman, Koon, Brennan, Galef, Glick, John, Lifton, Mayersohn,
           Pretlow, Dinowitz, Jaffee, Latimer, Lancman, Gunther, Spano, Fields,
           Hikind, Rosenthal, Englebright, Espaillat, Aubry, Barron, Castro

MLTSPNSR   Burling, Clark, Errigo, Gordon, Gottfried, Jacobs, Kellner, Lupardo,
           Magee, Miller J, Nolan, Ramos, Russell, Scarborough

Amd S30.10, CP L; amd S208, add SS3012-b & 214-f, CPLR

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.

A02596 Actions:

BILL NO    A02596B

01/21/2009 referred to codes
03/17/2009 reported 
03/19/2009 advanced to third reading cal.262
06/04/2009 amended on third reading 2596a
06/08/2009 amended on third reading 2596b
01/06/2010 referred to codes

A02596 Votes:

A02596 Memo:

BILL NUMBER:A2596B

TITLE  OF BILL:  An act to amend the criminal procedure law, in relation
to the timeliness 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

PURPOSE:  The bill amends the Criminal Procedure Law and the Civil Prac-
tice 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 limita-
tion  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  action  would  have  to  be
commenced within five years after the child reaches the age of 23 years.
Under  current  law, the criminal statute of limitations in child sexual
abuse cases in which a victim does not report the crime to law  enforce-
ment is not applied until the victim reaches age 18. This bill would add
five  years to the statute; so that the five year statute of limitations
in such cases would not begin to run until  the  victim  turned  age  23
(extending  the  time  for  prosecution until a child victim reached age
28).

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. To recover damages for any  past
instance  of child sexual abuse the civil claim must be commenced within
thirty-five years of the effective date of  this  section  or  commenced

within  thirty-five  years  of  such  child reaching the age of eighteen
years. 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  a  victim  of  sexual abuse. The complaint shall be
accompanied by a certificate of merit as described in subdivision {c) of
this section.

Section four would removes notice of claim as condition precedent.

Section five of the bill is a savings clause.

Section six of the bill is the  effective  date.  The  bill  would  take
effect immediately.

JUSTIFICATION:    Sex crimes, particularly those committed against chil-
dren, 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:  A11723/S8053 - June 20, 200G Passed in the Assem-
bly
A4560/S4614 - June 4, 2007 Passed in the Assembly
A4560-B/S4614A - June 11, 2008 Passed in the Assembly

FISCAL IMPLICATIONS: None

LOCAL FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately