Eliminates and extends 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
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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.
