Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Jan 04, 2012 | referred to codes |
Feb 17, 2011 | referred to codes |
senate Bill S3333
Sponsored By
Thomas K. Duane
(D, WF) 0 Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
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Actions
S3333 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §30.10, CP L; amd §208, add §3012-b, CPLR; amd §50-i, Gen Muni L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010: S3578
2013-2014: S836
2015-2016: S3744
S3333 (ACTIVE) - Summary
Establishes the period of limitation for the prosecution of a sex offense defined in article 130 of the penal law, incest 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 the penal law, incest or use of a child in a sexual performance committed against a child who was less than 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.
S3333 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3333 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the timeliness of prosecutions for certain sex offenses; to amend the civil practice law and rules, in relation to the timeliness for commencing certain civil actions related to sex offenses; and to amend the general municipal law, in relation to claims against a city, county, town, village, fire district or school district PURPOSE: The bill amends the criminal Procedure Law and the civil Practice Law and Rules to extend the statute of limitations for criminal and civil actions for sex offenses under article one hundred thirty of the Penal Law committed against a child less than eighteen years of age, for incest against a child less then eighteen years of age or the use of a child in a sexual performance. SUMMARY OF PROVISIONS: Section one of the bill amends the Criminal Procedure Law to increase the criminal statute of limitation for the prosecution of certain sex offenses committed against a child under the age of eighteen, for incest against a child less then eighteen years of age or the use of
S3333 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3333 2011-2012 Regular Sessions I N S E N A T E February 17, 2011 ___________ Introduced by Sen. DUANE -- read twice and ordered printed, and when printed to be committed 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; to amend the civil practice law and rules, in relation to the timeliness for commencing certain civil actions related to sex offenses; and to amend the gener- al municipal law, in relation to claims against a city, county, town, village, fire district or school district 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. LBD01201-01-1
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