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NY A10600
Bill
Status
6/7/2016
Primary Sponsor
Margaret Markey
Click for details
AI Summary
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Changes the criminal statute of limitations for sexual offenses against children so the period does not begin until the child reaches age 23 (previously age 18) or the offense is reported to law enforcement, whichever occurs first.
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Establishes a civil statute of limitations allowing actions for child sexual abuse to be brought until the plaintiff reaches age 28, regardless of when the abuse occurred.
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Revives previously time-barred civil actions for child sexual abuse that were barred before this law's effective date; victims may file these revived actions between six months and one year after the law takes effect.
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Eliminates notice of claim requirements for child sexual abuse cases brought against municipalities, school districts, and the state; requires courts to apply strict standards to laches and prejudice defenses in revived cases.
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Designates members of the clergy as mandatory reporters of suspected child abuse and maltreatment, with an exception for confessions made in spiritual advisor capacity; requires judicial training on sexual abuse of minors and establishes dedicated court parts for revived abuse cases.
Legislative Description
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 28 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; designates members of the clergy as persons required to report cases of suspected child abuse or maltreatment; requires judicial training relating to child abuse and the establishment of rules relating to civil actions brought for sexual offenses committed against children.
Last Action
held for consideration in rules
6/17/2016