NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5991
SPONSOR: Graf (MS) 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 criminal and civil actions involving sex offenses commit-
ted against a minor
PURPOSE: This bill will eliminate the statute of limitations in crimi-
nal 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 criminal 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 limitations from all sex crimes perpetrated on children.
We are constantly developing new technologies which help in the discov-
ery 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.
LEGISLATIVE HISTORY: New Bill.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5991
2013-2014 Regular Sessions
IN ASSEMBLY
March 12, 2013
___________
Introduced by M. of A. GRAF, BORELLI, SKOUFIS, ROSA, STEVENSON, DUPREY,
MONTESANO, RAIA, AUBRY, DIPIETRO, CROUCH, STEC -- Multi-Sponsored by
-- M. of A. ARROYO, CORWIN, HAWLEY, KEARNS, McDONOUGH, McLAUGHLIN,
OAKS, TENNEY, THIELE -- 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 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] 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 eighteen 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 added by
17 chapter 3 of the laws of 2006, 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, a civil claim or cause of action to recover from a defendant as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08826-01-3
A. 5991 2
1 hereinafter defined, for physical, psychological or other injury or
2 condition suffered by a person as a result of acts by such defendant of
3 rape in the first degree as defined in section 130.35 of the penal law,
4 or criminal sexual act in the first degree as defined in section 130.50
5 of the penal law, or aggravated sexual abuse in the first degree as
6 defined in section 130.70 of the penal law[, or course of sexual conduct
7 against a child in the first degree as defined in section 130.75 of the
8 penal law] may be brought within five years.
9 (b) Notwithstanding the provisions of subdivision (a) of this section,
10 or any other provision of law to the contrary all civil claims or causes
11 of action brought by any person for physical, psychological or other
12 injury or condition suffered as a result of conduct which would consti-
13 tute a sexual offense as defined in article one hundred thirty of the
14 penal law committed against a child less than eighteen years of age,
15 incest as defined in section 255.25, 255.26 or 255.27 of the penal law
16 committed against a child less than eighteen years of age, or the use of
17 a child in a sexual performance as defined in section 263.05 of the
18 penal law, or a predecessor statute that prohibited such conduct at the
19 time of the act, which conduct was committed against a child less than
20 eighteen years of age, such action may be commenced at any time.
21 (c) As used in this section, the term "defendant" shall mean only a
22 person who commits the acts described in this section or who, in a crim-
23 inal proceeding, could be charged with criminal liability for the
24 commission of such acts pursuant to section 20.00 of the penal law and
25 shall not apply to any related civil claim or cause of action arising
26 from such acts. Nothing in this section shall be construed to require
27 that a criminal charge be brought or a criminal conviction be obtained
28 as a condition of bringing a civil cause of action or receiving a civil
29 judgment pursuant to this section or be construed to require that any of
30 the rules governing a criminal proceeding be applicable to any such
31 civil action.
32 § 3. This act shall take effect immediately.
