Bill Text: NY A07549 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to removing the statute of limitations for certain crimes; and extends the statute of limitations for certain civil claims.
Spectrum: Moderate Partisan Bill (Democrat 15-4)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A07549 Detail]
Download: New_York-2019-A07549-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7549--A 2019-2020 Regular Sessions IN ASSEMBLY May 9, 2019 ___________ Introduced by M. of A. SIMOTAS, DINOWITZ, DeSTEFANO, ORTIZ, ZEBROWSKI, LUPARDO, M. G. MILLER, GALEF, REYES, HEVESI, THIELE, BARNWELL, SCHMITT, McDONOUGH, JAFFEE, BURKE -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the criminal procedure law, in relation to removing the statute of limitations for certain crimes; and to amend the civil practice law and rules, in relation to extending the statute of limi- tations for certain civil claims 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 rape in the second degree 6 as defined in section 130.30 of the penal law, or rape in the third 7 degree as defined in section 130.25 of the penal law, or a crime defined 8 or formerly defined in section 130.50 of the penal law, or criminal 9 sexual act in the second degree as defined in section 130.45 of the 10 penal law, or criminal sexual act in the third degree as defined in 11 section 130.40 of the penal law, or aggravated sexual abuse in the first 12 degree as defined in section 130.70 of the penal law, or course of sexu- 13 al conduct against a child in the first degree as defined in section 14 130.75 of the penal law, or incest in the first degree as defined in 15 section 255.27 of the penal law, or incest in the second degree as 16 defined in section 255.26 of the penal law, or incest in the third 17 degree as defined in section 255.25 of the penal law may be commenced at 18 any time; 19 § 2. Section 213-c of the civil practice law and rules, as added by 20 chapter 3 of the laws of 2006, is amended to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11433-04-9A. 7549--A 2 1 § 213-c. Action by victim of conduct constituting certain sexual 2 offenses. Notwithstanding any other limitation set forth in this arti- 3 cle, a civil claim or cause of action to recover from a defendant as 4 hereinafter defined, for physical, psychological or other injury or 5 condition suffered by a person as a result of acts by such defendant of 6 rape in the first degree as defined in section 130.35 of the penal law, 7 rape in the second degree as defined in section 130.30 of the penal 8 law, or rape in the third degree as defined in section 130.25 of the 9 penal law, or criminal sexual act in the first degree as defined in 10 section 130.50 of the penal law, or criminal sexual act in the second 11 degree as defined in section 130.45 of the penal law, or criminal sexual 12 act in the third degree as defined in section 130.40 of the penal law, 13 or aggravated sexual abuse in the first degree as defined in section 14 130.70 of the penal law, or course of sexual conduct against a child in 15 the first degree as defined in section 130.75 of the penal law, or 16 incest in the first degree as defined in section 255.27 of the penal 17 law, or incest in the second degree as defined in section 255.26 of the 18 penal law, or incest in the third degree as defined in section 255.25 of 19 the penal law may be brought within [five] ten years. As used in this 20 section, the term "defendant" shall mean only a person who commits the 21 acts described in this section or who, in a criminal proceeding, could 22 be charged with criminal liability for the commission of such acts 23 pursuant to section 20.00 of the penal law and shall not apply to any 24 related civil claim or cause of action arising from such acts. Nothing 25 in this section shall be construed to require that a criminal charge be 26 brought or a criminal conviction be obtained as a condition of bringing 27 a civil cause of action or receiving a civil judgment pursuant to this 28 section or be construed to require that any of the rules governing a 29 criminal proceeding be applicable to any such civil action. 30 § 3. This act shall take effect immediately.
