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A05429 Summary:

BILL NOA05429
 
SAME ASNo Same As
 
SPONSORSmith
 
COSPNSR
 
MLTSPNSR
 
Amd §30.10, CP L; amd §213-c, CPLR
 
Removes the statute of limitations in criminal and civil actions involving sex offenses committed against a minor.
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A05429 Actions:

BILL NOA05429
 
03/10/2023referred to codes
01/03/2024referred to codes
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A05429 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5429
 
SPONSOR: Smith
  TITLE OF BILL: An act to amend the criminal procedure law and the civil practice law and rules, in relation to removing the statute of limitations in crimi- nal and civil actions involving sex offenses committed against a minor   PURPOSE OR GENERAL IDEA OF BILL: This bill will eliminate the statute of limitations in criminal and civil actions involving sex offenses against a child under the age of eighteen.   SUMMARY OF PROVISIONS: Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the crimi- nal procedure law, as separately amended by chapter 3 and 320 of the laws of 2006, is amended by eliminating the statute of limitations of sex offenses committed against a child under the age of eighteen in a prosecution involving a sexual offence as defined in article one hundred thirty of the penal law. Section 2. Section 213-c of the civil practice law and rules, as added by chapter 3 of the laws of 2006, is amended by eliminating the statute of limitations for sex offenses committed against a child under the age of eighteen in a civil claim or cause of action to recover from a defendant.   JUSTIFICATION: Child predators are not being held responsible for their crimes. The statute of limitations for rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree, and course of sexual conduct against a child in the first degree, have already been removed. It is past due that we remove the statute of limi- tations from all sex crimes perpetrated on children. We are constantly developing new technologies which help in the discovery of new evidence in many criminal investigations. DNA evidence is an example of this. Adults, who have the long lasting effects of being sexually abused as children, should not be denied the justice that they deserve.   PRIOR LEGISLATIVE HISTORY: 2021-2022: A4725 - Held for consideration in Codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A05429 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5429
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 10, 2023
                                       ___________
 
        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 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.
                                                                   LBD01017-01-3

        A. 5429                             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.
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