New York State Assembly

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Bill No.:  

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

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A08412 Summary:

BILL NO	A08412
SAME AS	SAME AS S06574, SAME AS S06546, SAME AS A08376
SPONSOR	Simotas
COSPNSR	Galef, Lupardo, Jaffee, Reyes, Lentol, Rosenthal L, Seawright, Fernandez, Zebrowski
MLTSPNSR
Amd §30.10, CP L; amd §213-c, CPLR
Extends the statutes of limitations for certain sex crimes.

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A08412 Actions:

BILL NO	A08412
06/16/2019	referred to codes
06/17/2019	reported referred to rules
06/18/2019	reported
06/18/2019	rules report cal.539
06/18/2019	ordered to third reading rules cal.539
06/19/2019	substituted by s6574
	S06574 AMEND= BIAGGI
	06/16/2019	REFERRED TO RULES
	06/18/2019	ORDERED TO THIRD READING CAL.1660
	06/19/2019	PASSED SENATE
	06/19/2019	DELIVERED TO ASSEMBLY
	06/19/2019	referred to codes
	06/19/2019	substituted for a8412
	06/19/2019	ordered to third reading rules cal.539
	06/19/2019	passed assembly
	06/19/2019	returned to senate
	09/17/2019	DELIVERED TO GOVERNOR
	09/18/2019	SIGNED CHAP.315

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A08412 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:06/17/2019AYE/NAY:19/1  Action: Favorable refer to committee Rules        
Lentol
Aye
Ra
Aye
Schimminger
Absent
Giglio
Aye
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Aye
Cymbrowitz
Aye
Palumbo
Aye
O'Donnell
Aye
Garbarino
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Absent
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/18/2019AYE/NAY:25/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Excused
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Excused
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye

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A08412 Floor Votes:

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A08412 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A8412
 
SPONSOR: Simotas

 
TITLE OF BILL:  An act to amend the criminal procedure law and the
civil practice law and rules, in relation to statutes of limitations for
certain sex crimes
 
 
PURPOSE OF THE BILL:
 
This bill would amend the Criminal Procedure Law (CPL) and the Civil
Practice Law and Rules (CPLR) to increase the time periods in which a
prosecution for rape in the second or third degree, criminal sexual act
in the -second and third degree or incest in the first and second degree
may be commenced and increase the time in which a civil suit may be
brought.-
 
 
EXISTING LAW:
 
Currently, a prosecution for rape in the second or third degree or crim-
inal sexual act in the second and third degree must be commenced within
five years of the commission of the offense. A civil suit must be
brought within 5 years unless the victim is a child, in which case a
civil suit may be brought until the victim reaches the age of 55.
 
 
STATEMENT IN SUPPORT:
 
Statutes of limitations on sexual offense cases impose a ticking clock
on how long victims are able to come forward if they want to seek charg-
es. For crimes of sexual violence in particular, the clock ticks against
the trauma and culture of silence that prevents victims from speaking
out.
 
Over the last year, victims who have suffered in silence for decades
have bravely spoken about their abuse, and have also laid bare the
state's limited ability to prosecute their abusers due to the passage of
time. In recognition of this fact, states across the country are length-
ening or eliminating the statutes of limitations on crimes of sexual
violence. While New York removed the statute of limitations for rape or
criminal sexual act in the first degree, a five year statute of limita-
tions remains for rape in the second and third degree and criminal sexu-
al act in the second and third degree.
 
This bill would extend the statute of limitations to twenty years for
rape in the second degree and criminal sexual act in the second degree,
to ten years for rape in the third degree and criminal sexual act in the
third degree, and would make conforming changes to incest in the first
and second degrees. Further, this bill would increase the time period in
which the victim could bring a civil suit for these offenses to twenty
years.
 
 
BUDGET IMPLICATIONS:
 
None.
 
 
 
 
 
 

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A08412 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8412
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 16, 2019
                                       ___________
 
        Introduced  by  M.  of  A. SIMOTAS, GALEF, LUPARDO, JAFFEE, REYES -- (at
          request of the Governor) -- 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  statutes of limitations for certain sex
          crimes

          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 a crime defined or
     6  formerly defined in section 130.50 of the penal law, or aggravated sexu-
     7  al abuse in the first degree as defined in section 130.70 of  the  penal
     8  law,  or course of sexual conduct against a child in the first degree as
     9  defined in section 130.75 of the penal  law,  or  incest  in  the  first
    10  degree as defined in section 255.27 of the penal law may be commenced at
    11  any time;
    12    §  2.  Subdivision 2 of section 30.10 of the criminal procedure law is
    13  amended by adding two new paragraphs (a-1) and (a-2) to read as follows:
    14    (a-1) A prosecution for rape in the second degree as defined in subdi-
    15  vision two of section 130.30 of the penal law, or criminal sexual act in
    16  the second degree as defined in subdivision two of section 130.45 of the
    17  penal law, or incest in the second degree as defined in  section  255.26
    18  of the penal law (where the crime committed is rape in the second degree
    19  as  defined  in  subdivision  two  of section 130.30 of the penal law or
    20  criminal sexual act in the second degree as defined in  subdivision  two
    21  of  section  130.45)  must  be  commenced  within twenty years after the
    22  commission thereof or within ten years from when the  offense  is  first
    23  reported to law enforcement, whichever occurs earlier;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12033-01-9
        A. 8412                             2
 
     1    (a-2)  A prosecution for rape in the third degree as defined in subdi-
     2  vision one or three of section 130.25 of  the  penal  law,  or  criminal
     3  sexual act in the third degree as defined in subdivision one or three of
     4  section 130.40 of the penal law must be commenced within ten years after
     5  the commission thereof;
     6    §  3.  Section  213-c of the civil practice law and rules, as added by
     7  chapter 3 of the laws of 2006, is amended to read as follows:
     8    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
     9  offenses.  Notwithstanding  any other limitation set forth in this arti-
    10  cle, [a] except as provided in subdivision (b) of  section  two  hundred
    11  eight  of  this  article, all civil [claim or cause] claims or causes of
    12  action [to recover from a defendant as hereinafter defined,] brought  by
    13  any  person  for  physical,  psychological  or other injury or condition
    14  suffered by [a] such person as a result of [acts by such  defendant  of]
    15  conduct  which  would  constitute rape in the first degree as defined in
    16  section 130.35 of the penal law, or rape in the second degree as defined
    17  in subdivision two of section 130.30 of the penal law, or  rape  in  the
    18  third degree as defined in subdivision one or three of section 130.25 of
    19  the  penal law, or criminal sexual act in the first degree as defined in
    20  section 130.50 of the penal law, or criminal sexual act  in  the  second
    21  degree as defined in subdivision two of section 130.45 of the penal law,
    22  or criminal sexual act in the third degree as defined in subdivision one
    23  or  three  of  section  130.40  of the penal law, or incest in the first
    24  degree as defined in section 255.27 of the penal law, or incest  in  the
    25  second  degree  as defined in section 255.26 of the penal law (where the
    26  crime committed is rape in the second degree as defined  in  subdivision
    27  two  of  section  130.30  of the penal law or criminal sexual act in the
    28  second degree as defined in  subdivision  two  of  section  130.45),  or
    29  aggravated sexual abuse in the first degree as defined in section 130.70
    30  of  the  penal  law,  or course of sexual conduct against a child in the
    31  first degree as defined in section  130.75  of  the  penal  law  may  be
    32  brought  against  any party whose intentional or negligent acts or omis-
    33  sions are alleged to  have  resulted  in  the  commission  of  the  said
    34  conduct,  within [five] twenty years. [As used in this section, the term
    35  "defendant" shall mean only a person who commits the acts  described  in
    36  this  section  or  who,  in a criminal proceeding, could be charged with
    37  criminal liability for the commission of such acts pursuant  to  section
    38  20.00 of the penal law and shall not apply to any related civil claim or
    39  cause  of  action arising from such acts.] Nothing in this section shall
    40  be construed to require that a criminal charge be brought or a  criminal
    41  conviction  be  obtained  as  a  condition  of bringing a civil cause of
    42  action or receiving a civil judgment pursuant  to  this  section  or  be
    43  construed to require that any of the rules governing a criminal proceed-
    44  ing be applicable to any such civil action.
    45    § 4. This act shall take effect immediately and shall apply to acts or
    46  omissions occurring on or after such effective date and to acts or omis-
    47  sions  occurring prior to such effective date where the applicable stat-
    48  ute of limitations in effect on the date of such act or omission has not
    49  yet expired.

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A08412 LFIN:

 
NO LFIN

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A08412 Chamber Video/Transcript:

6-19-19

Video (@ 07:19:21)

Transcript pdf

Transcript html

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