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A00618 Summary:

BILL NOA00618A
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Amd 30.10, rpld 30.10 sub 3 (e), CP L; amd 208, 213-c & 214-g, CPLR
 
Removes statute of limitations for certain child sexual assault crimes and for certain civil actions related to child sexual assault offenses.
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A00618 Actions:

BILL NOA00618A
 
01/06/2021referred to codes
09/15/2021amend (t) and recommit to codes
09/15/2021print number 618a
01/05/2022referred to codes
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A00618 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         618--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- 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
          statute of limitations for certain child  sexual  assault  crimes;  to
          amend  the  civil  practice law and rules, in relation to removing the
          statute of limitations in civil actions involving certain child sexual
          assault offenses; and to repeal paragraph  (e)  of  subdivision  3  of
          section 30.10 of the criminal procedure law relating to the statute of
          limitations for sexual conduct against a child
 
          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 315 of the laws of 2019,
     3  is amended to read as follows:
     4    (a) A prosecution for a class A felony, or rape in the third degree as
     5  defined in subdivision two of section 130.25 of the penal law,  or  rape
     6  in  the second degree as defined in subdivision one of section 130.30 of
     7  the penal law, or rape in the first degree as defined in section  130.35
     8  of  the penal law, or criminal sexual act in the third degree as defined
     9  in subdivision two of section 130.40 of the penal law, or criminal sexu-
    10  al act in the second degree as defined in  subdivision  one  of  section
    11  130.45  of  the  penal  law,  or  a crime defined or formerly defined in
    12  section 130.50 of the penal law, or sexual abuse in the second degree as
    13  defined in subdivision two of section 130.60 of the penal law, or sexual
    14  abuse in the first degree as defined in subdivisions three and  four  of
    15  section  130.65  of  the  penal  law,  or aggravated sexual abuse in the
    16  fourth degree as defined in paragraph (a) of subdivision one of  section
    17  130.65-a  of  the  penal  law,  or  aggravated sexual abuse in the third
    18  degree as defined in paragraph (c) of subdivision one of section  130.66
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00410-02-1

        A. 618--A                           2
 
     1  of  the  penal  law,  or aggravated sexual abuse in the second degree as
     2  defined in paragraph (c) of subdivision one of  section  130.67  of  the
     3  penal  law, or aggravated sexual abuse in the first degree as defined in
     4  section  130.70  of the penal law, or course of sexual conduct against a
     5  child in the first degree as defined in section 130.75 of the penal law,
     6  or course of sexual conduct against a child  in  the  second  degree  as
     7  defined  in section 130.80 of the penal law, or predatory sexual assault
     8  against a child as defined in section 130.96 of the penal law, or incest
     9  in the first degree as defined in section 255.27 of the  penal  law,  or
    10  use  of  a child in a sexual performance as defined in section 263.05 of
    11  the penal law, may be commenced at any time;
    12    § 2. Paragraph (f) of subdivision 3 of section 30.10 of  the  criminal
    13  procedure  law, as amended by chapter 11 of the laws of 2019, is amended
    14  to read as follows:
    15    (f) [For purposes of a  prosecution  involving  a  sexual  offense  as
    16  defined  in  article  one  hundred thirty of the penal law, other than a
    17  sexual offense delineated in paragraph (a) of subdivision  two  of  this
    18  section,  committed  against a child less than eighteen years of age,] A
    19  prosecution for incest in the first, second or third degree  as  defined
    20  in sections 255.27, 255.26 and 255.25 of the penal law committed against
    21  a  child less than eighteen years of age[, or use of a child in a sexual
    22  performance as defined in section 263.05 of the penal law,]  the  period
    23  of limitation shall not begin to run until the child has reached the age
    24  of  twenty-three  or the offense is reported to a law enforcement agency
    25  or statewide central register of child abuse and maltreatment, whichever
    26  occurs earlier.
    27    § 3. Paragraph (e) of subdivision 3 of section 30.10 of  the  criminal
    28  procedure law is REPEALED.
    29    §  4.  Subdivision  (b)  of  section 208 of the civil practice law and
    30  rules, as added by chapter 11 of the laws of 2019, is amended to read as
    31  follows:
    32    (b) Notwithstanding any provision of law which  imposes  a  period  of
    33  limitation  to the contrary and the provisions of any other law pertain-
    34  ing to the filing of a notice of claim or a notice of intention to  file
    35  a claim as a condition precedent to commencement of an action or special
    36  proceeding, with respect to all civil claims or causes of action brought
    37  by  any  person for physical, psychological or other injury or condition
    38  suffered by such person as a result of conduct which would constitute  a
    39  sexual offense as defined in article one hundred thirty of the penal law
    40  committed  against  such person who was less than eighteen years of age,
    41  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
    42  committed  against  such person who was less than eighteen years of age,
    43  or the use of such person in a sexual performance as defined in  section
    44  263.05  of  the penal law, or a predecessor statute that prohibited such
    45  conduct at the time of the act, which conduct was committed against such
    46  person who was less than eighteen years  of  age,  such  action  may  be
    47  commenced,  against  any  party  whose  intentional or negligent acts or
    48  omissions are alleged  to  have  resulted  in  the  commission  of  said
    49  conduct,  [on  or  before] by the plaintiff or infant plaintiff [reaches
    50  the age of fifty-five years] at any time. In any such claim  or  action,
    51  in  addition  to  any  other defense and affirmative defense that may be
    52  available in accordance with law, rule or the common law, to the  extent
    53  that the acts alleged in such action are of the type described in subdi-
    54  vision  one  of  section  130.30  of the penal law or subdivision one of
    55  section 130.45 of the penal law, the  affirmative  defenses  set  forth,

        A. 618--A                           3
 
     1  respectively, in the closing paragraph of such sections of the penal law
     2  shall apply.
     3    §  5. Section 213-c of the civil practice law and rules, as amended by
     4  chapter 315 of the laws of 2019, is amended to read as follows:
     5    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
     6  offenses.  (a)  Notwithstanding  any  other limitation set forth in this
     7  article, except as provided in subdivision (b) of  section  two  hundred
     8  eight  of  this article, all civil claims or causes of action brought by
     9  any person for physical, psychological  or  other  injury  or  condition
    10  suffered  by  such  person as a result of conduct which would constitute
    11  rape in the first degree as defined in section 130.35 of the penal  law,
    12  or  rape  in  the second degree as defined in subdivision two of section
    13  130.30 of the penal law, or rape in  the  third  degree  as  defined  in
    14  subdivision one or three of section 130.25 of the penal law, or criminal
    15  sexual act in the first degree as defined in section 130.50 of the penal
    16  law,  or criminal sexual act in the second degree as defined in subdivi-
    17  sion two of section 130.45 of the penal law, or criminal sexual  act  in
    18  the  third  degree  as  defined  in  subdivision one or three of section
    19  130.40 of the penal law, or incest in the first  degree  as  defined  in
    20  section  255.27  of  the  penal  law,  or incest in the second degree as
    21  defined in section 255.26 of the penal law (where the crime committed is
    22  rape in the second degree as  defined  in  subdivision  two  of  section
    23  130.30  of  the penal law or criminal sexual act in the second degree as
    24  defined in subdivision two of  section  130.45),  or  aggravated  sexual
    25  abuse in the first degree as defined in section 130.70 of the penal law,
    26  or  course  of  sexual  conduct  against  a child in the first degree as
    27  defined in section 130.75 of the penal law may be  brought  against  any
    28  party  whose  intentional  or negligent acts or omissions are alleged to
    29  have resulted in the commission  of  the  said  conduct,  within  twenty
    30  years.
    31    (b) Notwithstanding the provisions of subdivision (a) of this section,
    32  or any other provision of law to the contrary, all civil claims or caus-
    33  es  of action brought by any person for physical, psychological or other
    34  injury or condition suffered as a result of conduct which would  consti-
    35  tute  a  sexual  offense as defined in article one hundred thirty of the
    36  penal law committed against a child less than  eighteen  years  of  age,
    37  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal law
    38  committed against a child less than eighteen years of age, or the use of
    39  a child in a sexual performance as defined  in  section  263.05  of  the
    40  penal  law, or a predecessor statute that prohibited such conduct at the
    41  time of the act, which conduct was committed against a child  less  than
    42  eighteen years of age, such action may be commenced at any time.
    43    (c) Nothing in this section shall be construed to require that a crim-
    44  inal  charge be brought or a criminal conviction be obtained as a condi-
    45  tion of bringing a civil cause of action or receiving a  civil  judgment
    46  pursuant  to  this  section  or  be construed to require that any of the
    47  rules governing a criminal proceeding be applicable to  any  such  civil
    48  action.
    49    §  6. Section 214-g of the civil practice law and rules, as amended by
    50  chapter 130 of the laws of 2020, is amended to read as follows:
    51    §  214-g.  Certain  child  sexual  abuse  cases.  Notwithstanding  any
    52  provision  of  law  which imposes a period of limitation to the contrary
    53  and the provisions of any other law pertaining to the filing of a notice
    54  of claim or a notice of intention to file a claim as a condition  prece-
    55  dent  to  commencement  of  an action or special proceeding, every civil
    56  claim or cause of action brought against any party alleging  intentional

        A. 618--A                           4
 
     1  or  negligent acts or omissions by a person for physical, psychological,
     2  or other injury or condition suffered as a result of conduct which would
     3  constitute a sexual offense as defined in article one hundred thirty  of
     4  the penal law committed against a child less than eighteen years of age,
     5  incest  as  defined in section 255.27, 255.26 or 255.25 of the penal law
     6  committed against a child less than eighteen years of age, or the use of
     7  a child in a sexual performance as defined  in  section  263.05  of  the
     8  penal  law, or a predecessor statute that prohibited such conduct at the
     9  time of the act, which conduct was committed against a child  less  than
    10  eighteen  years of age, which is barred as of the effective date of this
    11  section because the applicable period of limitation has expired,  and/or
    12  the plaintiff previously failed to file a notice of claim or a notice of
    13  intention  to file a claim, is hereby revived, and action thereon may be
    14  commenced not earlier than six months after[, and  not  later  than  two
    15  years  and  six months after] the effective date of this section. In any
    16  such claim or action: (a) in addition to any other defense and  affirma-
    17  tive  defense  that may be available in accordance with law, rule or the
    18  common law, to the extent that the acts alleged in such  action  are  of
    19  the type described in subdivision one of section 130.30 of the penal law
    20  or  subdivision  one of section 130.45 of the penal law, the affirmative
    21  defenses set forth, respectively,  in  the  closing  paragraph  of  such
    22  sections  of  the penal law shall apply; and (b) dismissal of a previous
    23  action, ordered before the effective date of this  section,  on  grounds
    24  that such previous action was time barred, and/or for failure of a party
    25  to  file  a  notice  of  claim or a notice of intention to file a claim,
    26  shall not be grounds for dismissal of a revival action pursuant to  this
    27  section.
    28    § 7. This act shall take effect immediately.
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