assembly Bill A5488

2011-2012 Legislative Session

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

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Sponsored By

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 22, 2011 referred to codes

Co-Sponsors

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A5488 - Details

Current Committee:
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §3010, CP L; amd §308, add §3012-b, CPLR

A5488 - Summary

Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law, incest in the first, second or third degrees or use of a child in a sexual performance committed against a person less than eighteen years of age shall not begin to run until the person has reached the age of twenty-three or the offense is reported to law enforcement or the statewide central register of child abuse and maltreatment, whichever occurs earlier; allows civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered as a result of conduct that is a sex offense as defined in article 130 of or the penal law, incest or use of a child in a sexual performance committed against a child who was less that eighteen years of age at the time shall be allowed to be commenced five years after the child reaches the age of twenty-three; revives for 1 year, any such civil claim or cause of action which was barred because the applicable statute of limitations expired.

A5488 - Bill Text download pdf

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

                                  5488

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 22, 2011
                               ___________

Introduced  by  M.  of A. MARKEY, MILLMAN, BRENNAN, GALEF, GLICK, AUBRY,
  MAYERSOHN, PRETLOW, JAFFEE, LATIMER, GUNTHER, HIKIND,  ENGLEBRIGHT  --
  Multi-Sponsored  by  --  M.  of  A.   CLARK, GOTTFRIED, JACOBS, MAGEE,
  RAMOS, RUSSELL -- 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  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]  TWENTY-THREE or the offense is reported to a law enforcement
agency or statewide central register of child  abuse  and  maltreatment,
whichever occurs earlier.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08258-01-1

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