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.
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