submitted in accordance with Assembly Rule III, Section 1(e)
(X) Memo on original draft of bill
( ) Memo on amended bill
BILL NUMBER:
Assembly 4560-B
Senate 4614-A
SPONSORS:
Member(s) of Assembly:
MARGARET MARKEY
Senator(s):
STEVEN M. SALAND
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 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 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 enforcement 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, 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 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 of the bill is a savings clause. Section five 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:
A11723/S8053 – June 20, 2006 Passed in the Assembly
FISCAL IMPLICATIONS: None
LOCAL FISCAL IMPLICATIONS: None
EFFECTIVE DATE: Immediately
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