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) 2019-06-13 - held for consideration in 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-
    12  tation  shall  not  begin  to run until the child has reached the age of
    13  twenty-three 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    § 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.
                                                                   LBD06773-02-9

        A. 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 conduct
     4  against  a child in the first degree as defined in section 130.75 of the
     5  penal 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.
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