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S08441 Summary:

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S08441 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 8441                                                 A. 12012
 
                SENATE - ASSEMBLY
 
                                      June 20, 2006
                                       ___________
 
        IN  SENATE  --  Introduced  by  Sens.  SKELOS, FLANAGAN, LEIBELL, ALESI,
          BALBONI,  BONACIC,  BRUNO,  DeFRANCISCO,  FARLEY,  FUSCHILLO,  GOLDEN,
          HANNON, JOHNSON, LARKIN, LAVALLE, LIBOUS, LITTLE, MALTESE, MARCELLINO,
          MARCHI,  MAZIARZ,  MEIER,  MORAHAN,  NOZZOLIO,  PADAVAN, RATH, ROBACH,
          SALAND, SEWARD, SPANO, TRUNZO, VOLKER, WINNER, WRIGHT, YOUNG  --  read

          twice  and  ordered  printed,  and when printed to be committed to the
          Committee on Rules
 
        IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M.  of
          A. Paulin, Lentol, Silver, Weinstein, Aubry, John, Rosenthal, Grannis,
          Schimminger,  Hoyt,  Lafayette,  Zebrowski,  Alessi, Arroyo, Benjamin,
          Bing, Carrozza, Christensen, A. Cohen, Colton, Cook, Cusick,  Cymbrow-
          itz,  DelMonte,  Destito, Dinowitz, Eddington, Englebright, Espaillat,
          Fields, Friedman, Galef, Gottfried, Gunther, Heastie, Hevesi,  Jacobs,
          Koon,  Lavelle,  Lavine,  Lifton,  Lupardo, Maisel, Markey, Mayersohn,
          McEneny,  Millman,  Morelle,  Peoples,   Pheffer,   Pretlow,   Reilly,
          J. Rivera,  N. Rivera,  P. Rivera,  Robinson,  Scarborough, Seminerio,
          Tokasz, Tonko, Weisenberg, Weprin) -- 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 eliminating and  extending  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
 
          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 is amended to read as follows:
     3    (a) A prosecution for a class A felony, or rape in the first degree as
     4  defined  in  section  130.35 of the penal law, or criminal sexual act in
     5  the first degree as defined in section  130.50  of  the  penal  law,  or

     6  aggravated sexual abuse in the first degree as defined in section 130.70
     7  of  the  penal  law,  or course of sexual conduct against a child in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17123-06-6
        S. 8441                             2                           A. 12012
 
     1  first degree as defined in section  130.75  of  the  penal  law  may  be
     2  commenced at any time;
     3    §  2.  Paragraphs (e) and (f) of subdivision 3 of section 30.10 of the
     4  criminal procedure law, as added by chapter 122 of the laws of 1996, are
     5  amended to read as follows:
     6    (e) A prosecution for [course of sexual conduct in the first degree as

     7  defined in section 130.75 of the penal law and] course of sexual conduct
     8  against a child in the second degree as defined in section 130.80 of the
     9  penal law may be commenced within five years of the  commission  of  the
    10  most recent act of sexual conduct.
    11    (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
    12  defined in article one hundred thirty of the penal  law,  other  than  a
    13  sexual  offense  delineated  in paragraph (a) of subdivision two of this
    14  section, committed against a child less  than  eighteen  years  of  age,
    15  incest as defined in section 255.25 of the penal law committed against a
    16  child  less  than  eighteen  years of age, or use of a child in a sexual
    17  performance as defined in section 263.05 of the penal law, the period of

    18  limitation shall not begin to run until the child has reached the age of
    19  eighteen or the offense is reported  to  a  law  enforcement  agency  or
    20  statewide  central  register  of child abuse and maltreatment, whichever
    21  occurs earlier.
    22    § 3. The civil practice law and rules  is  amended  by  adding  a  new
    23  section 213-c to read as follows:
    24    §  213-c.  Action  by  victim  of  conduct constituting certain sexual
    25  offenses. Notwithstanding any other limitation set forth in  this  arti-
    26  cle,  a  civil  claim  or cause of action to recover from a defendant as
    27  hereinafter defined, for physical,  psychological  or  other  injury  or
    28  condition  suffered by a person as a result of acts by such defendant of
    29  rape in the first degree as defined in section 130.35 of the penal  law,

    30  or  criminal sexual act in the first degree as defined in section 130.50
    31  of the penal law, or aggravated sexual abuse  in  the  first  degree  as
    32  defined  in section 130.70 of the penal law, or course of sexual conduct
    33  against a child in the first degree as defined in section 130.75 of  the
    34  penal  law  may  be brought within five years.  As used in this section,
    35  the term "defendant" shall mean only  a  person  who  commits  the  acts
    36  described  in  this  section  or who, in a criminal proceeding, could be
    37  charged with criminal liability for the commission of such acts pursuant
    38  to section 20.00 of the penal law and shall not  apply  to  any  related
    39  civil  claim or cause of action arising from such acts.  Nothing in this

    40  section shall be construed to require that a criminal charge be  brought
    41  or  a criminal conviction be obtained as a condition of bringing a civil
    42  cause of action or receiving a civil judgment pursuant to  this  section
    43  or  be  construed  to require that any of the rules governing a criminal
    44  proceeding be applicable to any such civil action.
    45    § 4. Subdivision 8 of section 215 of the civil practice law and rules,
    46  as added by chapter 95 of the laws  of  1983,  is  amended  to  read  as
    47  follows:
    48    8.  (a)  Whenever  it is shown that a criminal action against the same
    49  defendant has been commenced with respect to  the  event  or  occurrence
    50  from  which a claim governed by this section arises, the plaintiff shall
    51  have at least one year from the termination of the  criminal  action  as

    52  defined  in  section  1.20  of  the  criminal  procedure law in which to
    53  commence the civil action, notwithstanding that the  time  in  which  to
    54  commence such action has already expired or has less than a year remain-
    55  ing.
        S. 8441                             3                           A. 12012
 
     1    (b)  Whenever  it  is  shown  that  a criminal action against the same
     2  defendant has been commenced with respect to  the  event  or  occurrence
     3  from  which  a  claim governed by this section arises, and such criminal
     4  action is for rape in the first degree as defined in section  130.35  of
     5  the  penal law, or criminal sexual act in the first degree as defined in
     6  section 130.50 of the penal law, or aggravated sexual abuse in the first

     7  degree as defined in section 130.70 of the penal law, or course of sexu-
     8  al conduct against a child in the first degree  as  defined  in  section
     9  130.75  of  the  penal law, the plaintiff shall have at least five years
    10  from the termination of the criminal action as defined in  section  1.20
    11  of  the  criminal  procedure  law in which to commence the civil action,
    12  notwithstanding that the time in  which  to  commence  such  action  has
    13  already expired or has less than a year remaining.
    14    § 5. This act shall take effect immediately and:
    15    (a) sections one and two of this act shall apply to offenses committed
    16  on  and  after such date as well as to offenses committed prior thereto,
    17  provided that such sections one and two of this act shall not  apply  to

    18  offenses  committed  prior to such date on which the prosecution thereof
    19  was barred under the provisions of section 30.10 of the criminal  proce-
    20  dure law in effect immediately prior to such date; and
    21    (b)  sections three and four of this act shall apply to acts committed
    22  on and after such date as well  as  to  acts  committed  prior  thereto,
    23  provided  that  such  section  three of this act shall not apply to acts
    24  committed prior to such date where the commencement of an action thereon
    25  was barred under the provisions of article 2 of the civil  practice  law
    26  and rules in effect immediately prior to such date.