STATE OF NEW YORK
       ________________________________________________________________________
 
                                         4140
 
                              2001-2002 Regular Sessions
 
                   IN ASSEMBLY
 
                                   February 6, 2001
                                      ___________
 
       Introduced  by  M.  of  A.  LAFAYETTE  --  read once and referred to the
         Committee on Codes
 
       AN ACT to amend the civil practice law and rules, in relation to limita-
         tions of time on civil actions to recover damages for injuries  caused
         by child abuse
 
         The  People of the State of New York, represented in Senate and Assem-
       bly, do enact as follows:
 
    1    Section 1. The civil practice law and rules is amended by adding a new
    2  section 215-a to read as follows:
    3    § 215-a. Certain actions to be commenced within one year of discovery.
    4  1. In this section, "abused child" shall have the meaning as  set  forth
    5  in subdivision four-b of section three hundred seventy-one of the social
    6  services law.
    7    2.  Notwithstanding  the  provisions of section two hundred fifteen of
    8  this article, the one year period within which a plaintiff  who  was  an
    9  abused  child  shall  commence an action to recover damages for personal
   10  injury caused by such child abuse shall be computed  from  the  date  of
   11  discovery of the injury by the plaintiff.
   12    3.  For  the  purposes  of sections fifty-e and fifty-i of the general
   13  municipal law, section thirty-eight hundred thirteen  of  the  education
   14  law  and  the provisions of any general, special or local law or charter
   15  requiring as a condition precedent  to  commencement  of  an  action  or
   16  special proceeding that a notice of claim be filed or presented within a
   17  specified  period  of time after the claim or action accrued, a claim or
   18  action for personal injury caused by child abuse shall be deemed to have
   19  accrued on the date of discovery of the injury by the plaintiff.
   20    4. Nothing set forth in this section shall be construed to  eliminate,
   21  limit  or  otherwise  reduce the extension of time to commence an action
   22  for infants pursuant to section two hundred eight of this article.
   23    5. This section shall be applicable to acts of child  abuse  committed
   24  or discovered on or after July first, two thousand one.
   25    § 2. This act shall take effect July 1, 2001.
 
        EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08381-01-1

 
BILL NUMBER: A4140
 
SPONSOR: Lafayette

 
TITLE OF BILL:  An act to amend the civil practice law and rules, in
relation to limitations of time on civil actions to recover damages for
injuries caused by child abuse
 
 
PURPOSE OR GENERAL IDEA OF BILL:
To permit certain actions to be brought by a plaintiff who was an abused
child within one year of discovery of the injury by the plaintiff.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
The civil practice law and rules is amended by adding a new section
215-d which would allow a plaintiff who was an abused child to bring an
action to recover damages within one year of the discovery of the injury
by the plaintiff. This remedy is in addition to all other remedies
available to the plaintiff.  Currently, an adult who discovers that he
or she was abused as a child may be barred by the statutes of limitation
from bringing an action to recover damages for their personal injury.
This legislation would extend the time limitation within which to seek a
civil remedy for such injuries to one year from the date of discovery of
the injury by the plaintiff.
 
 
JUSTIFICATION:
Many victims of child abuse repress their memories of the abuse for many
years after reaching adulthood. By the time the abuse is discovered by
the victim, their right to bring an action for damages is often barred
by the statutes of limitation. This legislation would correct that
injustice by allowing such an action to be brought by the victim within
one year from the date that the victim discovered the injury. This reme-
dy does not limit any other remedy available to the victim.
 
 
PRIOR LEGISLATIVE HISTORY:
1993-1994 (A.10034), 1995-96 (A.1280), 1997-98 (A.2088), 1999-00 (A5754)
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
July 1, 2001.