S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3933
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 23, 2015
                                      ___________
       Introduced  by  Sen.  LANZA  -- 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, the general municipal law, the court of claims
         act and the education law, in relation to the timeliness for  commenc-
         ing 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:
    1    Section 1. Paragraph (f) of subdivision 3  of  section  30.10  of  the
    2  criminal  procedure  law, as separately amended by chapters 3 and 320 of
    3  the laws of 2006, is amended to read as follows:
    4    (f) For purposes of  a  prosecution  involving  a  sexual  offense  as
    5  defined  in  article  one  hundred thirty of the penal law, other than a
    6  sexual offense delineated in paragraph (a) of subdivision  two  of  this
    7  section,  committed  against  a  child  less than eighteen years of age,
    8  incest in the first, second or  third  degree  as  defined  in  sections
    9  255.27,  255.26  and  255.25  of the penal law committed against a child
   10  less than eighteen years of age, or use of a child in a sexual  perform-
   11  ance  as defined in section 263.05 of the penal law, the period of limi-
   12  tation shall not begin to run until the child has  reached  the  age  of
   13  [eighteen]  TWENTY-THREE or the offense is reported to a law enforcement
   14  agency or statewide central register of child  abuse  and  maltreatment,
   15  whichever occurs earlier.
   16    S  2.  The  opening paragraph of section 208 of the civil practice law
   17  and rules is designated subdivision (a) and a  new  subdivision  (b)  is
   18  added to read as follows:
   19    (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
   20  WITH  RESPECT  TO  ALL  CIVIL  CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
   21  PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
   22  AS A RESULT OF CONDUCT OF A DEFENDANT WHICH WOULD  CONSTITUTE  A  SEXUAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01644-01-5
       S. 3933                             2
    1  OFFENSE  AS  DEFINED  IN  ARTICLE  ONE  HUNDRED  THIRTY OF THE PENAL LAW
    2  COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS  OF  AGE,  INCEST  AS
    3  DEFINED  IN  SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED
    4  AGAINST  A  CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD
    5  IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE  PENAL  LAW,
    6  OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE
    7  ACT,  WHICH  CONDUCT  WAS  COMMITTED  AGAINST A CHILD LESS THAN EIGHTEEN
    8  YEARS OF AGE, THE TIME WITHIN WHICH THE ACTION MUST BE  COMMENCED  SHALL
    9  BE  EXTENDED  TO  FIVE  YEARS  AFTER  THE  PERSON  REACHES  THE  AGE  OF
   10  TWENTY-THREE YEARS.
   11    S 3. Subdivision 8 of section 50-e of the general  municipal  law,  as
   12  amended  by  chapter  24  of  the  laws  of  1988, is amended to read as
   13  follows:
   14    8. Inapplicability of section. (A) This section  shall  not  apply  to
   15  claims  arising  under  the provisions of the workers' compensation law,
   16  the volunteer firefighters' benefit  law,  or  the  volunteer  ambulance
   17  workers'  benefit  law or to claims against public corporations by their
   18  own infant wards.
   19    (B) THIS SECTION SHALL NOT APPLY  TO  ANY  CLAIM  MADE  FOR  PHYSICAL,
   20  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION SUFFERED AS A RESULT OF
   21  CONDUCT OF A DEFENDANT  WHICH  WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS
   22  DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
   23  A  CHILD  LESS  THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION
   24  255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS
   25  THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A  SEXUAL  PERFORM-
   26  ANCE  AS  DEFINED IN SECTION 263.05 OF THE PENAL LAW COMMITTED AGAINST A
   27  CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   28    S 4. Section 50-i of the general municipal law is amended by adding  a
   29  new subdivision 5 to read as follows:
   30    5.  NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
   31  SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
   32  FIRE DISTRICT OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL,  OR  OTHER
   33  INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A DEFENDANT WHICH
   34  WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED
   35  THIRTY OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
   36  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF
   37  THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
   38  OR THE USE OF A CHILD IN A SEXUAL  PERFORMANCE  AS  DEFINED  IN  SECTION
   39  263.05  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
   40  YEARS OF AGE.
   41    S 5. Section 10 of the court of claims act is amended by adding a  new
   42  subdivision 10 to read as follows:
   43    10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
   44  SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
   45  ICAL,  OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A
   46  DEFENDANT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN  ARTICLE
   47  ONE  HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
   48  EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION  255.25,  255.26  OR
   49  255.27  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
   50  YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE  AS  DEFINED
   51  IN  SECTION  263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
   52  EIGHTEEN YEARS OF AGE.
   53    S 6. Subdivision 2 of section 3813 of the education law, as amended by
   54  chapter 346 of the laws of 1978, is amended to read as follows:
   55    2. Notwithstanding anything to the contrary hereinbefore contained  in
   56  this section, no action or special proceeding founded upon tort shall be
       S. 3933                             3
    1  prosecuted  or  maintained  against  any  of  the  parties named in this
    2  section or against any teacher or member of the supervisory or  adminis-
    3  trative  staff  or employee where the alleged tort was committed by such
    4  teacher  or  member  or  employee  acting in the discharge of his duties
    5  within the scope of his employment and/or under  the  direction  of  the
    6  board of education, trustee or trustees, or governing body of the school
    7  unless  a  notice of claim shall have been made and served in compliance
    8  with section fifty-e of the general municipal law.   Every  such  action
    9  shall  be commenced pursuant to the provisions of section fifty-i of the
   10  general municipal law, PROVIDED, HOWEVER, THAT THIS  SECTION  SHALL  NOT
   11  APPLY  TO  ANY  CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR
   12  OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A DEFENDANT
   13  WHICH WOULD CONSTITUTE A  SEXUAL  OFFENSE  AS  DEFINED  IN  ARTICLE  ONE
   14  HUNDRED  THIRTY  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN
   15  EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION  255.25,  255.26  OR
   16  255.27  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
   17  YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE  AS  DEFINED
   18  IN  SECTION  263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
   19  EIGHTEEN YEARS OF AGE.
   20    S 7.   The provisions of this act  shall  be  severable,  and  if  any
   21  clause,  sentence,  paragraph,  subdivision or part of this act shall be
   22  adjudged by any court of competent  jurisdiction  to  be  invalid,  such
   23  judgment  shall not affect, impair, or invalidate the remainder thereof,
   24  but shall be confined in its operation to the  clause,  sentence,  para-
   25  graph,  subdivision or part thereof directly involved in the controversy
   26  in which such judgment shall have been rendered.
   27    S 8. This act shall take effect immediately.