STATE OF NEW YORK
________________________________________________________________________
7549--A
2019-2020 Regular Sessions
IN ASSEMBLY
May 9, 2019
___________
Introduced by M. of A. SIMOTAS, DINOWITZ, DeSTEFANO, ORTIZ, ZEBROWSKI,
LUPARDO, M. G. MILLER, GALEF, REYES, HEVESI, THIELE, BARNWELL,
SCHMITT, McDONOUGH, JAFFEE, BURKE -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to removing the
statute of limitations for certain crimes; and to amend the civil
practice law and rules, in relation to extending the statute of limi-
tations for certain civil claims
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the
2 criminal procedure law, as amended by chapter 467 of the laws of 2008,
3 is amended to read as follows:
4 (a) A prosecution for a class A felony, or rape in the first degree as
5 defined in section 130.35 of the penal law, or rape in the second degree
6 as defined in section 130.30 of the penal law, or rape in the third
7 degree as defined in section 130.25 of the penal law, or a crime defined
8 or formerly defined in section 130.50 of the penal law, or criminal
9 sexual act in the second degree as defined in section 130.45 of the
10 penal law, or criminal sexual act in the third degree as defined in
11 section 130.40 of the penal law, or aggravated sexual abuse in the first
12 degree as defined in section 130.70 of the penal law, or course of sexu-
13 al conduct against a child in the first degree as defined in section
14 130.75 of the penal law, or incest in the first degree as defined in
15 section 255.27 of the penal law, or incest in the second degree as
16 defined in section 255.26 of the penal law, or incest in the third
17 degree as defined in section 255.25 of the penal law may be commenced at
18 any time;
19 § 2. Section 213-c of the civil practice law and rules, as added by
20 chapter 3 of the laws of 2006, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11433-04-9
A. 7549--A 2
1 § 213-c. Action by victim of conduct constituting certain sexual
2 offenses. Notwithstanding any other limitation set forth in this arti-
3 cle, a civil claim or cause of action to recover from a defendant as
4 hereinafter defined, for physical, psychological or other injury or
5 condition suffered by a person as a result of acts by such defendant of
6 rape in the first degree as defined in section 130.35 of the penal law,
7 rape in the second degree as defined in section 130.30 of the penal
8 law, or rape in the third degree as defined in section 130.25 of the
9 penal law, or criminal sexual act in the first degree as defined in
10 section 130.50 of the penal law, or criminal sexual act in the second
11 degree as defined in section 130.45 of the penal law, or criminal sexual
12 act in the third degree as defined in section 130.40 of the penal law,
13 or aggravated sexual abuse in the first degree as defined in section
14 130.70 of the penal law, or course of sexual conduct against a child in
15 the first degree as defined in section 130.75 of the penal law, or
16 incest in the first degree as defined in section 255.27 of the penal
17 law, or incest in the second degree as defined in section 255.26 of the
18 penal law, or incest in the third degree as defined in section 255.25 of
19 the penal law may be brought within [five] ten years. As used in this
20 section, the term "defendant" shall mean only a person who commits the
21 acts described in this section or who, in a criminal proceeding, could
22 be charged with criminal liability for the commission of such acts
23 pursuant to section 20.00 of the penal law and shall not apply to any
24 related civil claim or cause of action arising from such acts. Nothing
25 in this section shall be construed to require that a criminal charge be
26 brought or a criminal conviction be obtained as a condition of bringing
27 a civil cause of action or receiving a civil judgment pursuant to this
28 section or be construed to require that any of the rules governing a
29 criminal proceeding be applicable to any such civil action.
30 § 3. This act shall take effect immediately.