NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2872A
SPONSOR: Markey (MS) TITLE OF BILL: An act 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 Civil Practice Law and Rules to allow, under certain
circumstances, the revival of previously time barred civil actions which
alleged conduct representing the commission of certain sexual offenses
committed against a child less than eighteen years of age.
SUMMARY OF PROVISIONS:
Section 1. 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: Notwithstanding the provisions of subdivision
(a) of this section, with respect to all civil claims or causes of
action brought by any 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 255.25, 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,
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, such action may be commenced at any time.
Section 2. The civil practice law and rules is amended by adding a new
section 3012-c to read as follows: § 3012-c. Certain child sexual abuse
cases (a) Notwithstanding any provision of law which imposes a period of
limitation to the contrary, every civil claim or cause of action brought
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 130 of the penal law committed against a child
less than 18 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 18 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 prohibit-
ed such conduct at the time of the act, which conduct was committed
against a child less than 18 years of age, which is barred as of the
effective date of this section because the applicable period of limita-
tion has expired is hereby revived, and action thereon may be commenced
on or before one year after the effective date of this section.
Section 3. This section sets standards for motions to dismiss such
actions, and to dismiss affirmative defenses in these actions. In any
such action in which the plaintiff is twenty-three years of age or
older, or in which plaintiff seeks to revive a time-barred action, any
motion to dismiss an action, or in opposition to a motion to dismiss an
affirmative defense based upon laches or material impairment in the
defense or investigation of such an action must be supported by a
certificate of merit from a person with knowledge of the facts. Upon
such motion, it shall be a defendant's burden to demonstrate same by a
preponderance of the evidence, and the court shall consider whether
plaintiff acted in good faith and with due diligence in pursuing the
action.
Section 4. Saving Clause.
Section 5. Effective date.
JUSTIFICATION:
Syracuse University, Penn State University, and the Horace Mann school
scandals have shown us that now more than ever we need to change how we
view the statute of limitations in cases of child sexual abuse.
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. Victims of childhood sexual abuse do not come to
terms with their abuse until well into adulthood. Under current law they
have no recourse. By eliminating the statute of limitations on childhood
sexual abuse cases victims can bring their claims regardless of whether
or not DNA evidence is available.
By eliminating the statute of limitations in childhood sexual abuse
cases, victims of these horrific crimes will get their day in court and
be able to seek the justice they have been denied.
LEGISLATIVE HISTORY:
A1771 of 2014
A10814B of 2012
FISCAL IMPLICATIONS:
To be determined.
LOCAL FISCAL IMPLICATIONS:
To be determined
EFFECTIVE DATE:
Immediately.
