Provides that the statute of limitations for criminal prosecution of a sexual offense committed against a child shall not begin to run until the child turns 23 years of age; provides that a civil action for conduct constituting a sexual offense against a child, shall be brought before the child turns 55 years of age; revives previously barred actions related to sexual abuse of children; grants civil trial preference to such actions; eliminates the notice of claim requirements for such actions when the action is brought against a municipality, the state or a school district; requires judicial training relating to child abuse and the establishment of rules relating to civil actions brought for sexual offenses committed against children.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2683 revised 1/25/2019
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the criminal procedure law, in relation to the statute
of limitations in criminal prosecution of a sexual offense committed
against a child; to amend the civil practice law and rules, in relation
to the statute of limitations for civil actions related to a sexual
offense committed against a child, reviving such actions otherwise
barred by the existing statute of limitations and granting trial prefer-
ence to such actions; to amend the general municipal law, in relation to
providing that the notice of claim provisions shall not apply to such
actions; to amend the court of claims act, in relation to providing that
the notice of intention to file provisions shall not apply to such
actions; to amend the education law, in relation to providing that the
notice of claim provisions shall not apply to such actions; and to amend
the judiciary law, in relation to judicial training relating to sexual
abuse of minors and rules reviving civil actions relating to sexual
offenses committed against children
PURPOSE OR GENERAL IDEA OF BILL:
The bill amends the Criminal Procedure Law and the Civil, Practice Laws
and Rules to extend the statutes of limitation in criminal and civil
cases involving the sexual abuse of children. It also amends the Civil
Practice Law and Rules to allow, under certain circumstances, the
revival of previously time-barred civil actions which allege conduct
representing the commission of certain sexual offenses committed against
a child less than eighteen years of age.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Would amend the statute of limitations in criminal actions
alleging a sex crime against a child under the age of 18. Currently,
class felony sex crimes have no statute of limitations, and for other
sex crime felonies, a five year statute of limitations begins to run
when the victim turns 18. For misdemeanors, current law has a two year
statute of limitations, which also starts to run at age 18. This bill
section applies to all sex crimes against children which have a statute
of limitations and starts the statute running when the victim reaches
age 23,instead of 18. The statute of limitations in criminal matters is
not itself changed, just when the statute of limitations clock starts to
run.
Section 2. Would amend the statute of limitations in civil actions that
allege conduct which would constitute a sex crime against a child under
the age of 18. Currently, the statute of limitations typically begins to
run when the victim turns 18. This section, as amended, would permit an
action to be commenced on or before the date the victim reaches 55 years
of age.
Section 3. Would allow for time barred-actions in which such conduct
against a child is alleged to be revived, and not be barred by any stat-
ute of limitation otherwise existing in law or the failure to file a
notice of claim. Such revival would only take place within a one year
window that commences six months from the effective date of the act.
Section 4. Would establish a special trial preference for cases that
have been revived pursuant to this Act.
Sections 5, 6, 7, and 8. Would remove notice of claim requirements with
respect to certain governmental entities in actions alleging damages
resulting from the commission of certain sex offenses thus putting these
governmental an non-governmental defendants on an equal footing. Present
law, which generally requires that a notice of claim be served prior to
commencing such an action, would not apply to these types of actions.
Section 9. Would require the office of court administration to provide
training for judges concerning crimes involving the sexual abuse of
minors.
Section 10. Would require the chief administrator of the courts to
promulgate rules concerning the timely adjudication of claims revived
pursuant to bill section 3.
Section 11 is a severability clause.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would alter the statute of limitations, as contained in the
Criminal Procedure Law and the Civil Practice Law and Rules, for certain
acts committed against minors. The bill also eliminates notice of claim
requirements in certain cases.
JUSTIFICATION:
The societal plague of sexual abuse against minors is now well-document-
ed. Also well-established is how certain abusers - sometimes aided by
institutional enablers and facilitators - have been successful in cover-
ing up their heinous acts against children, either by guile, threats,
intimidation, and/or attacks on child victims.
Compounding the effects of these crimes against children has been the
consistent locking of the courthouse door to child sex abuse victims who
wish to have their day in court against their abusers, typically as a
result of the passage of time in bringing these claims. Indeed, Judge
Carmen Ciparick, writing for the Court of Appeals, stated that if
victims of child sex abuse are to be able to obtain judicial relief, the
Legislature must first amend our existing statute of limitations laws
accordingly (
ZUMPANO V QUINN, 6 NY3d 666, 677 (2006) ("Any exception
to be made to allow these types of claims to proceed outside of the
applicable statutes of limitations would be for the Legislature, as
other states have done.")).
This bill represents just such a legislative exception. The bill is a
legislative acknowledgment of the unique character of sex crimes against
children, which can have a multitude of effects upon victims, including
being justifiably delayed in otherwise timely taking action against
their abusers and/or those who facilitated their abuse. The bill sets up
a specific framework for the revival of actions in which the courthouse
door has been closed to victims, whether or not a victim previously
attempted to litigate in the face of the aforementioned clearly stated
legal authority against them.
Further, the bill provides for particularized training for judges
concerning issues unique to the adjudication of sex crimes committed
against minors.
In sum, it was an extraordinary confluence of events which resulted in
the systematic sexual abuse of minors.coming to light, and this has
resulted in this bill, which seeks to allow victims to have their day in
court and prove their claims.
PRIOR LEGISLATIVE HISTORY:
2018 - A.5885-A (Rosenthal) - Passed Assembly
2017 - A.5885-A (Rosenthal) - Passed Assembly
2016 - A.10600 (Markey) - Reported to Rules
2016 - A.2872 (Markey) - Referred to Codes
2015 - A.2872 (Markey) - Reported to Rules
2014 - A.1771A (Markey) - Referred to Codes
2013 - A.1771 (Markey) - Referred to Codes
2012 - A.10814 (Markey) - Referred to Codes
2011 - A.10814 (Markey) - Referred to Codes
2010 - A.2596 (Markey) - Referred to Codes
2009 - A.2596 (Markey) Third Reading
2008 - A.4560B (Markey) - Passed Assembly
2007 - A.4560B (Markey) - Passed Assembly
2006 - A.11723 (Markey) - Passed Assembly
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
Immediately, except that section ten shall take effect six months after
becoming law, provided that training for revived cases shall commence
three months after becoming law; and section eleven shall take effect
three months after becoming law.
