Bill Text: NY A05991 | 2013-2014 | General Assembly | Introduced

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Bill Title: Removes the statute of limitations in criminal and civil actions involving sex offenses committed against a minor.

Spectrum: Slight Partisan Bill (Republican 17-6)

Status: (Introduced - Dead) 2014-04-07 - held for consideration in codes [A05991 Detail]

Download: New_York-2013-A05991-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5991
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 12, 2013
                                      ___________
       Introduced  by M. of A. GRAF, BORELLI, SKOUFIS, ROSA, STEVENSON, DUPREY,
         MONTESANO, RAIA, AUBRY, DIPIETRO, CROUCH, STEC --  Multi-Sponsored  by
         --  M.  of  A.  ARROYO, CORWIN, HAWLEY, KEARNS, McDONOUGH, McLAUGHLIN,
         OAKS, TENNEY, THIELE -- 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 separately amended by chapters 3 and 320 of
    3  the laws of 2006, is 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-
   12  tation  shall  not  begin  to run until the child has reached the age of
   13  eighteen or the offense is reported  to  a  law  enforcement  agency  or
   14  statewide  central  register  of child abuse and maltreatment, whichever
   15  occurs earlier] MAY BE COMMENCED AT ANY TIME.
   16    S 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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08826-01-3
       A. 5991                             2
    1  hereinafter  defined,  for  physical,  psychological  or other injury or
    2  condition suffered by a person as a result of acts by such defendant  of
    3  rape  in the first degree as defined in section 130.35 of the penal law,
    4  or  criminal sexual act in the first degree as defined in section 130.50
    5  of the penal law, or aggravated sexual abuse  in  the  first  degree  as
    6  defined in section 130.70 of the penal law[, or course of sexual conduct
    7  against  a child in the first degree as defined in section 130.75 of the
    8  penal law] may be brought within five years.
    9    (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
   10  OR ANY OTHER PROVISION OF LAW TO THE CONTRARY ALL CIVIL CLAIMS OR CAUSES
   11  OF ACTION BROUGHT BY ANY PERSON FOR  PHYSICAL,  PSYCHOLOGICAL  OR  OTHER
   12  INJURY  OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTI-
   13  TUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED  THIRTY  OF  THE
   14  PENAL  LAW  COMMITTED  AGAINST  A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
   15  INCEST AS DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF THE  PENAL  LAW
   16  COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
   17  A  CHILD  IN  A  SEXUAL  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
   18  PENAL LAW, OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT  THE
   19  TIME  OF  THE ACT, WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN
   20  EIGHTEEN YEARS OF AGE, SUCH ACTION MAY BE COMMENCED AT ANY TIME.
   21    (C) As used in this section, the term "defendant" shall  mean  only  a
   22  person who commits the acts described in this section or who, in a crim-
   23  inal  proceeding,  could  be  charged  with  criminal  liability for the
   24  commission of such acts pursuant to section 20.00 of the penal  law  and
   25  shall  not  apply  to any related civil claim or cause of action arising
   26  from such acts. Nothing in this section shall be  construed  to  require
   27  that  a  criminal charge be brought or a criminal conviction be obtained
   28  as a condition of bringing a civil cause of action or receiving a  civil
   29  judgment pursuant to this section or be construed to require that any of
   30  the  rules  governing  a  criminal  proceeding be applicable to any such
   31  civil action.
   32    S 3. This act shall take effect immediately.