Eliminates the statute of limitations for the prosecution of and for a civil claim or cause of action relating to 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.
STATE OF NEW YORK
________________________________________________________________________
11283--A
IN ASSEMBLY
May 10, 2006
___________
Introduced by M. of A. PAULIN, LENTOL, SILVER, WEINSTEIN, AUBRY, JOHN,
ROSENTHAL, GRANNIS, SCHIMMINGER, HOYT, LAFAYETTE, ZEBROWSKI -- Multi-
Sponsored by -- M. of A. ALESSI, ARROYO, BENJAMIN, BING, CARROZZA,
CHRISTENSEN, A. COHEN, COLTON, COOK, CUSICK, CYMBROWITZ, DelMONTE,
DESTITO, DINOWITZ, EDDINGTON, ENGLEBRIGHT, ESPAILLAT, FIELDS, FRIED-
MAN, 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
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the criminal procedure law and the civil practice law
and rules, in relation to eliminating 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
8 first degree as defined in section 130.75 of the penal law may be
9 commenced at any time;
10 § 2. Paragraphs (e) and (f) of subdivision 3 of section 30.10 of the
11 criminal procedure law, as added by chapter 122 of the laws of 1996, are
12 amended to read as follows:
13 (e) A prosecution for [course of sexual conduct in the first degree as
14 defined in section 130.75 of the penal law and] course of sexual conduct
15 against a child in the second degree as defined in section 130.80 of the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16899-04-6
A. 11283--A 2
1 penal law may be commenced within five years of the commission of the
2 most recent act of sexual conduct.
3 (f) For purposes of a prosecution involving a sexual offense as
4 defined in article one hundred thirty of the penal law, other than a
5 sexual offense delineated in paragraph (a) of subdivision two of this
6 section, committed against a child less than eighteen years of age,
7 incest as defined in section 255.25 of the penal law committed against a
8 child less than eighteen years of age, or use of a child in a sexual
9 performance as defined in section 263.05 of the penal law, the period of
10 limitation shall not begin to run until the child has reached the age of
11 eighteen or the offense is reported to a law enforcement agency or
12 statewide central register of child abuse and maltreatment, whichever
13 occurs earlier.
14 § 3. The civil practice law and rules is amended by adding a new
15 section 213-c to read as follows:
16 § 213-c. Action by victim of conduct constituting certain sexual
17 offenses. Notwithstanding any other limitation set forth in this arti-
18 cle, a civil claim or cause of action brought by any person for phys-
19 ical, psychological or other injury or condition suffered as a result of
20 acts by another person of rape in the first degree as defined in section
21 130.35 of the penal law, or criminal sexual act in the first degree as
22 defined in section 130.50 of the penal law, or aggravated sexual abuse
23 in the first degree as defined in section 130.70 of the penal law, or
24 course of sexual conduct against a child in the first degree as defined
25 in section 130.75 of the penal law may be brought at any time. The
26 provisions of this section shall be applicable only with respect to a
27 defendant who commits the acts described in this section or who, in a
28 criminal proceeding, could be charged with criminal liability for the
29 commission of such acts pursuant to section 20.00 of the penal law and
30 shall not apply to any related civil claim or cause of action arising
31 from such acts. Nothing in this section shall be construed to require
32 that a criminal charge be brought or a criminal conviction be obtained
33 as a condition of bringing a civil cause of action or receiving a civil
34 judgment pursuant to this section or be construed to require that any of
35 the rules governing a criminal proceeding be applicable to any such
36 civil action.
37 § 4. This act shall take effect immediately and:
38 (a) sections one and two of this act shall apply to offenses committed
39 on and after such date as well as to offenses committed prior thereto,
40 provided that such sections one and two of this act shall not apply to
41 offenses committed prior to such date on which the prosecution thereof
42 was barred under the provisions of section 30.10 of the criminal proce-
43 dure law in effect immediately prior to such date; and
44 (b) section three of this act shall apply to acts committed on and
45 after such date as well as to acts committed prior thereto, provided
46 that such section three of this act shall not apply to acts committed
47 prior to such date where the commencement of an action thereon was
48 barred under the provisions of article 2 of the civil practice law and
49 rules in effect immediately prior to such date.
