Bill Text: NY A04725 | 2021-2022 | 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 13-1)
Status: (Introduced - Dead) 2022-05-03 - held for consideration in codes [A04725 Detail]
Download: New_York-2021-A04725-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4725 2021-2022 Regular Sessions IN ASSEMBLY February 5, 2021 ___________ 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 amended by 17 chapter 315 of the laws of 2019, 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, except as provided in subdivision (b) of section two hundred 21 eight of this article, all civil claims or causes of action brought by 22 any person for physical, psychological or other injury or condition 23 suffered by such person as a result of conduct which would constitute EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06899-01-1A. 4725 2 1 rape in the first degree as defined in section 130.35 of the penal law, 2 or rape in the second degree as defined in subdivision two of section 3 130.30 of the penal law, or rape in the third degree as defined in 4 subdivision one or three of section 130.25 of the penal law, or criminal 5 sexual act in the first degree as defined in section 130.50 of the penal 6 law, or criminal sexual act in the second degree as defined in subdivi- 7 sion two of section 130.45 of the penal law, or criminal sexual act in 8 the third degree as defined in subdivision one or three of section 9 130.40 of the penal law, or incest in the first degree as defined in 10 section 255.27 of the penal law, or incest in the second degree as 11 defined in section 255.26 of the penal law (where the crime committed is 12 rape in the second degree as defined in subdivision two of section 13 130.30 of the penal law or criminal sexual act in the second degree as 14 defined in subdivision two of section 130.45), or aggravated sexual 15 abuse in the first degree as defined in section 130.70 of the penal law, 16 or course of sexual conduct against a child in the first degree as 17 defined in section 130.75 of the penal law may be brought against any 18 party whose intentional or negligent acts or omissions are alleged to 19 have resulted in the commission of the said conduct, within twenty 20 years. 21 (b) Notwithstanding the provisions of subdivision (a) of this section, 22 or any other provision of law to the contrary all civil claims or causes 23 of action brought by any person for physical, psychological or other 24 injury or condition suffered as a result of conduct which would consti- 25 tute a sexual offense as defined in article one hundred thirty of the 26 penal law committed against a child less than eighteen years of age, 27 incest as defined in section 255.25, 255.26 or 255.27 of the penal law 28 committed against a child less than eighteen years of age, or the use of 29 a child in a sexual performance as defined in section 263.05 of the 30 penal law, or a predecessor statute that prohibited such conduct at the 31 time of the act, which conduct was committed against a child less than 32 eighteen years of age, such action may be commenced at any time. 33 (c) Nothing in this section shall be construed to require that a crim- 34 inal charge be brought or a criminal conviction be obtained as a condi- 35 tion of bringing a civil cause of action or receiving a civil judgment 36 pursuant to this section or be construed to require that any of the 37 rules governing a criminal proceeding be applicable to any such civil 38 action. 39 § 3. This act shall take effect immediately.