STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5673
 
                               2003-2004 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 3, 2003
                                       ___________
 
        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 three.
    25    § 2. This act shall take effect July 1, 2003.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10333-01-3