S T A T E O F N E W Y O R K
________________________________________________________________________
4589
1999-2000 Regular Sessions
I N A S S E M B L Y
February 11, 1999
___________
Introduced by M. of A. YOUNG, MILLS -- Multi-Sponsored by -- M. of A.
ALFANO, BARRAGA, BROWN, CALHOUN, CROUCH, STRANIERE, TEDISCO -- read
once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to
commencement of certain actions relating to sex offenses
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 208-a to read as follows:
3 S 208-A. SEX OFFENSES; COMMENCEMENT OF CIVIL ACTIONS. 1. ANY PERSON
4 AGAINST WHOM A CRIMINAL ACTION HAS BEEN COMMENCED WHICH ACCUSES SUCH
5 PERSON OF ANY OFFENSE DEFINED PURSUANT TO THE PROVISIONS OF ARTICLE ONE
6 HUNDRED THIRTY OF THE PENAL LAW SHALL NOT COMMENCE A CIVIL ACTION
7 AGAINST THE VICTIM OF THE OFFENSE OF WHICH SUCH PERSON IS ACCUSED IF:
8 (A) THERE HAS BEEN NO TERMINATION OF SUCH CRIMINAL ACTION; AND
9 (B) THE CIVIL ACTION IS BASED ON ACCUSATIONS, STATEMENTS, ALLEGATIONS
10 OR REPORTS MADE BY THE VICTIM WITH REFERENCE TO AN INCIDENT FROM WHICH
11 THE CRIMINAL ACTION ARISES.
12 2. IF A CIVIL ACTION IS COMMENCED IN VIOLATION OF SUBDIVISION ONE OF
13 THIS SECTION, A DISMISSAL OF THE ACTION SHALL BE GRANTED WITH OR WITHOUT
14 PREJUDICE AS DETERMINED BY THE COURT ON MOTION BY ANY PARTY OR THE
15 COURT.
16 3. THE TIME FROM THE COMMENCEMENT OF THE CRIMINAL ACTION TO THE TERMI-
17 NATION OF SUCH ACTION SHALL NOT BE CONSIDERED AS A PORTION OF THE TIME
18 WITHIN WHICH THE CIVIL ACTION, AS DESCRIBED IN SUBDIVISION ONE OF THIS
19 SECTION, MUST BE COMMENCED.
20 4. AS USED IN THIS SECTION, "VICTIM" MEANS ANY PERSON ALLEGED OR
21 FOUND, UPON THE RECORD, TO HAVE BEEN THE OBJECT OF ANY OFFENSE DEFINED
22 PURSUANT TO THE PROVISIONS OF ARTICLE ONE HUNDRED THIRTY OF THE PENAL
23 LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08105-01-9
A. 4589 2
1 5. AS USED IN THIS SECTION, "TERMINATION" MEANS, BUT IS NOT LIMITED
2 TO, DISMISSAL, ACQUITTAL, IMPOSITION OF SENTENCE OR SOME OTHER FINAL
3 DISPOSITION IN A CRIMINAL COURT OF THE LAST ACCUSATORY INSTRUMENT FILED
4 IN A CRIMINAL ACTION OR A DECISION BY THE PROSECUTOR, FOR WHATEVER
5 REASON, NOT TO PROCEED WITH A PROSECUTION.
6 S 2. This act shall take effect immediately and shall apply to crimi-
7 nal actions commenced on or after such date.
.SO DOC A 4589 *END* BTXT 1999
Bill A04589
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