Bill Text: NY S05431 | 2013-2014 | General Assembly | Introduced
Bill Title: Extends the statute of limitations for childhood sexual abuse or exploitation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CODES [S05431 Detail]
Download: New_York-2013-S05431-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5431
2013-2014 Regular Sessions
I N S E N A T E
May 16, 2013
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the civil practice law
and rules, in relation to extending the statute of limitations for
childhood sexual abuse or exploitation
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 prosecution involving a [sexual] SEX 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, A FELONY CONSPIRACY
12 TO COMMIT ONE OF THESE CRIMES UNDER ARTICLE ONE HUNDRED FIVE OF THE
13 PENAL LAW OR A FELONY FOR HINDERING THE PROSECUTION OF ONE OF THESE
14 CRIMES PURSUANT TO SECTION 205.60 OF THE PENAL LAW, the period of limi-
15 tation shall not begin to run until the child has reached the age of
16 eighteen or the offense is reported to a law enforcement agency or
17 statewide central register of child abuse and maltreatment, whichever
18 occurs earlier, AND THEREAFTER SUCH PROSECUTION SHALL BE COMMENCED WITH-
19 IN FIFTEEN YEARS.
20 S 2. The civil practice law and rules is amended by adding a new
21 section 214-f to read as follows:
22 S 214-F. ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE OR EXPLOITATION. 1.
23 ALL CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY PERSON FOR RECOVERY OF
24 DAMAGES FOR INJURY OR CONDITION SUFFERED AS A RESULT OF CHILDHOOD SEXUAL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08026-01-3
S. 5431 2
1 ABUSE OR EXPLOITATION SHALL BE COMMENCED WITHIN FIFTEEN YEARS OF THE ACT
2 ALLEGED TO HAVE CAUSED THE INJURY OR CONDITION.
3 2. THE INJURED PARTY NEED NOT ESTABLISH WHICH ACT, IN A SERIES OF
4 CONTINUING ACTS OF CHILDHOOD SEXUAL ABUSE OR EXPLOITATION, CAUSED THE
5 INJURY OR CONDITION THAT IS THE SUBJECT OF THE SUIT.
6 3. AS USED IN THIS SECTION, "CHILDHOOD SEXUAL ABUSE OR EXPLOITATION"
7 MEANS ANY ACT COMMITTED BY THE PERPETRATOR AGAINST THE INJURED PARTY
8 WHICH ACT OCCURRED WHEN THE INJURED PARTY WAS AN INFANT AND WHICH ACT
9 WOULD HAVE BEEN PROSCRIBED BY ARTICLE ONE HUNDRED THIRTY OF THE PENAL
10 LAW, OR WHICH ACT WOULD HAVE CONSTITUTED INCEST AS DEFINED IN SECTION
11 255.25, 255.26 OR 255.27 OF THE PENAL LAW, OR WHICH ACT WOULD HAVE
12 CONSTITUTED THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN
13 SECTION 263.05 OF THE PENAL LAW, OR WHICH ACT WOULD HAVE VIOLATED ANY
14 PRIOR LAW OF THIS STATE OF SIMILAR EFFECT AT THE TIME THE ACT WAS
15 COMMITTED.
16 4. THIS SECTION SHALL APPLY TO ALL CAUSES OF ACTION COMMENCED ON OR
17 AFTER THE EFFECTIVE DATE OF THIS SECTION, REGARDLESS OF WHEN THE CAUSE
18 OF ACTION AROSE.
19 S 3. This act shall take effect immediately.
