STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2814
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                      March 4, 2003
                                       ___________
 
        Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the civil practice law and rules, in relation to actions
          for sexual assault of an infant and providing for the repeal  of  such
          provisions upon expiration thereof
 
          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. Actions for sexual assault of an infant.  Notwithstanding any
     4  provision of law to the contrary, any cause of action  for  physical  or
     5  psychological  injury  sustained by a person under eighteen years of age
     6  as a result of a sexual assault, which is barred because the statute  of
     7  limitations has expired, is hereby revived, and an action thereon may be
     8  commenced  within three years of the effective date of this section. For
     9  the purposes of this section, sexual assault shall be a sex  offense  as
    10  defined under article one hundred thirty of the penal law or a predeces-
    11  sor  statute at the time of the act. Any such cause of action previously
    12  dismissed because of the statute of limitations  may  be  brought  under
    13  this  section  notwithstanding  such  dismissal.  The provisions of this
    14  section shall be inapplicable to any civil action governed by the  stat-
    15  ute of limitations of another jurisdiction.
    16    §  2.  This  act  shall take effect immediately and shall expire three
    17  years after such effective date, when upon such date the  provisions  of
    18  this  act  shall be deemed repealed; and provided that the provisions of
    19  this act shall apply to causes of action  pending  or  commenced  on  or
    20  after the effective date of this act.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00578-02-3