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.
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.