Bill Text: NY A06507 | 2019-2020 | General Assembly | Introduced
Bill Title: Removes the statute of limitations in criminal and civil actions involving sex offenses committed against a minor.
Spectrum: Strong Partisan Bill (Republican 14-1)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06507 Detail]
Download: New_York-2019-A06507-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6507 2019-2020 Regular Sessions IN ASSEMBLY March 8, 2019 ___________ Introduced by M. of A. SMITH -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to removing the statute of limitations in crim- inal and civil actions involving sex offenses committed against a minor The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the 2 criminal procedure law, as amended by chapter 11 of the laws of 2019, is 3 amended to read as follows: 4 (f) [For purposes of a] A prosecution involving a sexual offense as 5 defined in article one hundred thirty of the penal law, other than a 6 sexual offense delineated in paragraph (a) of subdivision two of this 7 section, committed against a child less than eighteen years of age, 8 incest in the first, second or third degree as defined in sections 9 255.27, 255.26 and 255.25 of the penal law committed against a child 10 less than eighteen years of age, or use of a child in a sexual perform- 11 ance as defined in section 263.05 of the penal law[, the period of limi-12tation shall not begin to run until the child has reached the age of13twenty-three or the offense is reported to a law enforcement agency or14statewide central register of child abuse and maltreatment, whichever15occurs earlier] may be commenced at any time. 16 § 2. Section 213-c of the civil practice law and rules, as added by 17 chapter 3 of the laws of 2006, is amended to read as follows: 18 § 213-c. Action by victim of conduct constituting certain sexual 19 offenses. (a) Notwithstanding any other limitation set forth in this 20 article, a civil claim or cause of action to recover from a defendant as 21 hereinafter defined, for physical, psychological or other injury or 22 condition suffered by a person as a result of acts by such defendant of 23 rape in the first degree as defined in section 130.35 of the penal law, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06773-02-9A. 6507 2 1 or criminal sexual act in the first degree as defined in section 130.50 2 of the penal law, or aggravated sexual abuse in the first degree as 3 defined in section 130.70 of the penal law[, or course of sexual conduct4against a child in the first degree as defined in section 130.75 of the5penal law] may be brought within five years. 6 (b) Notwithstanding the provisions of subdivision (a) of this section, 7 or any other provision of law to the contrary all civil claims or causes 8 of action brought by any person for physical, psychological or other 9 injury or condition suffered as a result of conduct which would consti- 10 tute a sexual offense as defined in article one hundred thirty of the 11 penal law committed against a child less than eighteen years of age, 12 incest as defined in section 255.25, 255.26 or 255.27 of the penal law 13 committed against a child less than eighteen years of age, or the use of 14 a child in a sexual performance as defined in section 263.05 of the 15 penal law, or a predecessor statute that prohibited such conduct at the 16 time of the act, which conduct was committed against a child less than 17 eighteen years of age, such action may be commenced at any time. 18 (c) As used in this section, the term "defendant" shall mean only a 19 person who commits the acts described in this section or who, in a crim- 20 inal proceeding, could be charged with criminal liability for the 21 commission of such acts pursuant to section 20.00 of the penal law and 22 shall not apply to any related civil claim or cause of action arising 23 from such acts. Nothing in this section shall be construed to require 24 that a criminal charge be brought or a criminal conviction be obtained 25 as a condition of bringing a civil cause of action or receiving a civil 26 judgment pursuant to this section or be construed to require that any of 27 the rules governing a criminal proceeding be applicable to any such 28 civil action. 29 § 3. This act shall take effect immediately.