A02504 Summary:

BILL NOA02504
 
SAME ASNo Same As
 
SPONSORGraf
 
COSPNSRMontesano, Skoufis, Duprey, Raia, Aubry, DiPietro, Crouch, Stec, Sepulveda, Lalor, Murray, Corwin, Wozniak
 
MLTSPNSRArroyo, Barclay, Butler, Ceretto, Hawley, Kearns, McDonough, McLaughlin, Oaks, Saladino, Tenney, Thiele
 
Amd S30.10, CP L; amd S213-c, CPLR
 
Removes the statute of limitations in criminal and civil actions involving sex offenses committed against a minor.
Go to top    

A02504 Actions:

BILL NOA02504
 
01/16/2015referred to codes
01/06/2016referred to codes
06/06/2016held for consideration in codes
Go to top

A02504 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2504
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 16, 2015
                                       ___________
 
        Introduced  by M. of A. GRAF, BORELLI, MONTESANO, SKOUFIS, DUPREY, RAIA,
          AUBRY, DiPIETRO, CROUCH, STEC, SEPULVEDA, LALOR -- Multi-Sponsored  by
          --  M.  of  A. ARROYO, BARCLAY, CERETTO, CORWIN, HAWLEY, KEARNS, McDO-
          NOUGH, 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.
                                                                   LBD05567-01-5

        A. 2504                             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.
Go to top