Bill Text: NY S07296 | 2015-2016 | General Assembly | Introduced

New York Senate Bill 7296 (Prior Session Legislation)

Introduced

Bill Title: Revives civil actions for certain sex offenses committed against a person less than eighteen years of age.

Spectrum: Partisan Bill (Democrat 23-0)

Status: (Introduced - Dead) 2016-04-13 - REFERRED TO JUDICIARY [S07296 Detail]

Download: New_York-2015-S07296-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          7296
                    IN SENATE
                                     April 13, 2016
                                       ___________
        Introduced  by  Sens. HOYLMAN, STEWART-COUSINS, COMRIE, DILAN, GIANARIS,
          KENNEDY, KRUEGER, PANEPINTO, PERALTA, PERKINS, RIVERA, SERRANO -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Judiciary
        AN ACT to amend the civil practice law and rules, the criminal procedure
          law,  the  court  of  claims  act  and  the  general municipal law, 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:
     1    Section 1. The opening paragraph of section 208 of the civil  practice
     2  law and rules is designated subdivision (a) and a new subdivision (b) is
     3  added to read as follows:
     4    (b) Notwithstanding the provisions of subdivision (a) of this section,
     5  with  respect  to  all  civil  claims or causes of action brought by any
     6  person for physical, psychological or other injury or condition suffered
     7  by such person who was eighteen years of age or  less  as  a  result  of
     8  conduct  which  would  constitute a sexual offense as defined in article
     9  one hundred thirty of the penal law committed against  such  person  who
    10  was  less  than  eighteen  years  of  age,  incest as defined in section
    11  255.25, 255.26 or 255.27 of the penal law committed against such  person
    12  who  was less than eighteen years of age, or the use of such person in a
    13  sexual performance as defined in section 263.05 of the penal law,  or  a
    14  predecessor statute that prohibited such conduct at the time of the act,
    15  which  conduct was committed against such person who was less than eigh-
    16  teen years of age, such action may be commenced at any time.
    17    § 2. The civil practice law and rules  is  amended  by  adding  a  new
    18  section 214-f to  read as follows:
    19    §  214-f.  Certain  child  sexual  abuse  cases.   Notwithstanding any
    20  provision of law which imposes a period of limitation to  the  contrary,
    21  every  civil  claim or cause of action brought by a person for physical,
    22  psychological, or other injury or condition  suffered  as  a  result  of
    23  conduct  which  would  constitute a sexual offense as defined in article
    24  one hundred thirty of the penal law committed against a child less  than
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14941-01-6