S T A T E O F N E W Y O R K
________________________________________________________________________
5754
1999-2000 Regular Sessions
I N A S S E M B L Y
March 1, 1999
___________
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 S 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, NINETEEN HUNDRED NINETY-NINE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD04219-01-9
A. 5754 2
1 S 2. This act shall take effect July 1, 1999.
.SO DOC A 5754 *END* BTXT 1999
Bill A05754
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