assembly Bill A10814B

2011-2012 Legislative Session

Eliminates statute of limitations in criminal actions and revives civil actions for certain sex offenses committed against a child less than eighteen years of age

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 09, 2012 print number 10814b
Nov 09, 2012 amend and recommit to codes
Oct 12, 2012 print number 10814a
Oct 12, 2012 amend and recommit to codes
Sep 10, 2012 referred to codes

A10814 - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §208, add §3012-b, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A1771
2015-2016: A2872

A10814 - Summary

Eliminates statute of limitations in criminal and civil actions and revives civil actions for certain sex offenses committed against a child less than eighteen years of age.

A10814 - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10814

                          I N  A S S E M B L Y

                           September 10, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Markey) --
  read once and referred to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  the  timeli-
  ness  of prosecutions for certain sex offenses; and to amend the civil
  practice law and rules, in relation to the timeliness  for  commencing
  certain civil actions related to sex offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (f) of subdivision 3  of  section  30.10  of  the
criminal  procedure  law, as separately amended by chapters 3 and 320 of
the laws of 2006, is amended to read as follows:
  (f) [For purposes of a] A prosecution involving a  sexual  offense  as
defined  in  article  one  hundred thirty of the penal law, other than a
sexual offense delineated in paragraph (a) of subdivision  two  of  this
section,  committed  against  a  child  less than eighteen years of age,
incest in the first, second or  third  degree  as  defined  in  sections
255.27,  255.26  and  255.25  of the penal law committed against a child
less than eighteen years of age, or use of a child in a sexual  perform-
ance as defined in section 263.05 of the penal law[, the period of limi-
tation  shall  not  begin  to run until the child has reached the age of
eighteen or the offense is reported  to  a  law  enforcement  agency  or
statewide  central  register  of child abuse and maltreatment, whichever
occurs earlier] MAY BE COMMENCED AT ANY TIME.
  S 2. The civil practice law and rules  is  amended  by  adding  a  new
section 3012-b to  read as follows:
  S  3012-B. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT. (A)
NOTWITHSTANDING ANY PROVISION OF LAW WHICH IMPOSES A PERIOD  OF  LIMITA-
TION  TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY A
PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
SUFFERED  AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE
AS DEFINED IN ARTICLE ONE HUNDRED THIRTY  OF  THE  PENAL  LAW  COMMITTED
AGAINST  A  CHILD  LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN
SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW  COMMITTED  AGAINST  A
CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

A10814A - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §208, add §3012-b, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A1771
2015-2016: A2872

A10814A - Summary

Eliminates statute of limitations in criminal and civil actions and revives civil actions for certain sex offenses committed against a child less than eighteen years of age.

A10814A - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10814--A

                          I N  A S S E M B L Y

                           September 10, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Markey) --
  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 the timeli-
  ness of prosecutions for certain sex offenses; and to amend the  civil
  practice  law  and rules, in relation to the timeliness for commencing
  certain civil actions related to sex offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  (f)  of  subdivision 3 of section 30.10 of the
criminal procedure law, as separately amended by chapters 3 and  320  of
the laws of 2006, is amended to read as follows:
  (f)  [For  purposes  of a] A prosecution involving a sexual offense as
defined in article one hundred thirty of the penal  law,  other  than  a
sexual  offense  delineated  in paragraph (a) of subdivision two of this
section, committed against a child less  than  eighteen  years  of  age,
incest  in  the  first,  second  or  third degree as defined in sections
255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
less  than eighteen years of age, or use of a child in a sexual perform-
ance as defined in section 263.05 of the penal law[, the period of limi-
tation shall not begin to run until the child has  reached  the  age  of
eighteen  or  the  offense  is  reported  to a law enforcement agency or
statewide central register of child abuse  and  maltreatment,  whichever
occurs earlier] MAY BE COMMENCED AT ANY TIME.
  S  2.  The  civil  practice  law  and rules is amended by adding a new
section 3012-b to  read as follows:
  S 3012-B. CERTAIN CHILD SEXUAL ABUSE CASES; CERTIFICATE OF MERIT.  (A)
NOTWITHSTANDING  ANY  PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITA-
TION TO THE CONTRARY, EVERY CIVIL CLAIM OR CAUSE OF ACTION BROUGHT BY  A
PERSON  FOR  PHYSICAL,  PSYCHOLOGICAL,  OR  OTHER  INJURY  OR  CONDITION
SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A SEXUAL  OFFENSE
AS  DEFINED  IN  ARTICLE  ONE  HUNDRED THIRTY OF THE PENAL LAW COMMITTED
AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST  AS  DEFINED  IN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

A10814B (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §208, add §3012-b, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: A1771
2015-2016: A2872

A10814B (ACTIVE) - Summary

Eliminates statute of limitations in criminal and civil actions and revives civil actions for certain sex offenses committed against a child less than eighteen years of age.

A10814B (ACTIVE) - Bill Text download pdf

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10814--B

                          I N  A S S E M B L Y

                           September 10, 2012
                               ___________

Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Markey) --
  read once  and  referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  -- again reported from said committee with amend-
  ments, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the criminal procedure law, in relation to  the  timeli-
  ness  of prosecutions for certain sex offenses; and to amend the civil
  practice law and rules, in relation to the timeliness  for  commencing
  certain civil actions related to sex offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (f) of subdivision 3  of  section  30.10  of  the
criminal  procedure  law, as separately amended by chapters 3 and 320 of
the laws of 2006, is amended to read as follows:
  (f) [For purposes of a] A prosecution involving a  sexual  offense  as
defined  in  article  one  hundred thirty of the penal law, other than a
sexual offense delineated in paragraph (a) of subdivision  two  of  this
section,  committed  against  a  child  less than eighteen years of age,
incest in the first, second or  third  degree  as  defined  in  sections
255.27,  255.26  and  255.25  of the penal law committed against a child
less than eighteen years of age, or use of a child in a sexual  perform-
ance as defined in section 263.05 of the penal law[, the period of limi-
tation  shall  not  begin  to run until the child has reached the age of
eighteen or the offense is reported  to  a  law  enforcement  agency  or
statewide  central  register  of child abuse and maltreatment, whichever
occurs earlier] MAY BE COMMENCED AT ANY TIME.
  S 2. The opening paragraph of section 208 of the  civil  practice  law
and  rules  is  designated  subdivision (a) and a new subdivision (b) is
added to read as follows:
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
WITH RESPECT TO ALL CIVIL CLAIMS OR CAUSES  OF  ACTION  BROUGHT  BY  ANY
PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
AS  A  RESULT  OF  CONDUCT  WHICH  WOULD  CONSTITUTE A SEXUAL OFFENSE AS
DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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