Bill Text: NY A08412 | 2019-2020 | General Assembly | Introduced


Bill Title: Extends the statutes of limitations for certain sex crimes.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2019-06-19 - substituted by s6574 [A08412 Detail]

Download: New_York-2019-A08412-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8412

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 16, 2019
                                       ___________

        Introduced  by  M.  of  A. SIMOTAS, GALEF, LUPARDO, JAFFEE, REYES -- (at
          request of the Governor) -- 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  statutes of limitations for certain sex
          crimes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of  subdivision 2 of section 30.10 of the
     2  criminal procedure law, as amended by chapter 467 of the laws  of  2008,
     3  is amended to read as follows:
     4    (a) A prosecution for a class A felony, or rape in the first degree as
     5  defined  in  section  130.35  of  the  penal  law, or a crime defined or
     6  formerly defined in section 130.50 of the penal law, or aggravated sexu-
     7  al abuse in the first degree as defined in section 130.70 of  the  penal
     8  law,  or course of sexual conduct against a child in the first degree as
     9  defined in section 130.75 of the penal  law,  or  incest  in  the  first
    10  degree as defined in section 255.27 of the penal law may be commenced at
    11  any time;
    12    §  2.  Subdivision 2 of section 30.10 of the criminal procedure law is
    13  amended by adding two new paragraphs (a-1) and (a-2) to read as follows:
    14    (a-1) A prosecution for rape in the second degree as defined in subdi-
    15  vision two of section 130.30 of the penal law, or criminal sexual act in
    16  the second degree as defined in subdivision two of section 130.45 of the
    17  penal law, or incest in the second degree as defined in  section  255.26
    18  of the penal law (where the crime committed is rape in the second degree
    19  as  defined  in  subdivision  two  of section 130.30 of the penal law or
    20  criminal sexual act in the second degree as defined in  subdivision  two
    21  of  section  130.45)  must  be  commenced  within twenty years after the
    22  commission thereof or within ten years from when the  offense  is  first
    23  reported to law enforcement, whichever occurs earlier;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12033-01-9

        A. 8412                             2

     1    (a-2)  A prosecution for rape in the third degree as defined in subdi-
     2  vision one or three of section 130.25 of  the  penal  law,  or  criminal
     3  sexual act in the third degree as defined in subdivision one or three of
     4  section 130.40 of the penal law must be commenced within ten years after
     5  the commission thereof;
     6    §  3.  Section  213-c of the civil practice law and rules, as added by
     7  chapter 3 of the laws of 2006, is amended to read as follows:
     8    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
     9  offenses.  Notwithstanding  any other limitation set forth in this arti-
    10  cle, [a] except as provided in subdivision (b) of  section  two  hundred
    11  eight  of  this  article, all civil [claim or cause] claims or causes of
    12  action [to recover from a defendant as hereinafter defined,] brought  by
    13  any  person  for  physical,  psychological  or other injury or condition
    14  suffered by [a] such person as a result of [acts by such  defendant  of]
    15  conduct  which  would  constitute rape in the first degree as defined in
    16  section 130.35 of the penal law, or rape in the second degree as defined
    17  in subdivision two of section 130.30 of the penal law, or  rape  in  the
    18  third degree as defined in subdivision one or three of section 130.25 of
    19  the  penal law, or criminal sexual act in the first degree as defined in
    20  section 130.50 of the penal law, or criminal sexual act  in  the  second
    21  degree as defined in subdivision two of section 130.45 of the penal law,
    22  or criminal sexual act in the third degree as defined in subdivision one
    23  or  three  of  section  130.40  of the penal law, or incest in the first
    24  degree as defined in section 255.27 of the penal law, or incest  in  the
    25  second  degree  as defined in section 255.26 of the penal law (where the
    26  crime committed is rape in the second degree as defined  in  subdivision
    27  two  of  section  130.30  of the penal law or criminal sexual act in the
    28  second degree as defined in  subdivision  two  of  section  130.45),  or
    29  aggravated sexual abuse in the first degree as defined in section 130.70
    30  of  the  penal  law,  or course of sexual conduct against a child in the
    31  first degree as defined in section  130.75  of  the  penal  law  may  be
    32  brought  against  any party whose intentional or negligent acts or omis-
    33  sions are alleged to  have  resulted  in  the  commission  of  the  said
    34  conduct,  within [five] twenty years. [As used in this section, the term
    35  "defendant" shall mean only a person who commits the acts  described  in
    36  this  section  or  who,  in a criminal proceeding, could be charged with
    37  criminal liability for the commission of such acts pursuant  to  section
    38  20.00 of the penal law and shall not apply to any related civil claim or
    39  cause  of  action arising from such acts.] Nothing in this section shall
    40  be construed to require that a criminal charge be brought or a  criminal
    41  conviction  be  obtained  as  a  condition  of bringing a civil cause of
    42  action or receiving a civil judgment pursuant  to  this  section  or  be
    43  construed to require that any of the rules governing a criminal proceed-
    44  ing be applicable to any such civil action.
    45    § 4. This act shall take effect immediately and shall apply to acts or
    46  omissions occurring on or after such effective date and to acts or omis-
    47  sions  occurring prior to such effective date where the applicable stat-
    48  ute of limitations in effect on the date of such act or omission has not
    49  yet expired.
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