S T A T E O F N E W Y O R K
________________________________________________________________________
7688
2013-2014 Regular Sessions
I N A S S E M B L Y
May 30, 2013
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Introduced by M. of A. HIKIND, CURRAN, GABRYSZAK, GRAF, McLAUGHLIN,
MONTESANO, RA, ROBERTS, SALADINO, SCARBOROUGH, WEISENBERG -- Multi-
Sponsored by -- M. of A. ABBATE, ARROYO, BARCLAY, MOSLEY, PERRY, SWEE-
NEY -- 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]
INCLUDING 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[,] AND second [or third] degree as defined
in sections 255.27[,] AND 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 performance as defined in section 263.05 of the penal law, the
period of limitation shall not begin to run until the child has reached
the age of [eighteen] TWENTY-FIVE 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 AGAINST A PERSON WHO HIMSELF OR HERSELF ENGAGED IN ACTS WHICH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10386-01-3
A. 7688 2
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 255.26 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 PERFORMANCE AS DEFINED IN SECTION 263.05 OF
THE PENAL LAW, OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT
THE TIME OF THE ACT, WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS
THAN EIGHTEEN YEARS OF AGE, FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY
OR CONDITION SUFFERED AS A RESULT OF THE ABOVE MENTIONED ACTS, THE TIME
WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL BE EXTENDED TO SEVEN
YEARS AFTER THE PERSON REACHES THE AGE OF TWENTY-THREE YEARS.
S 3. This act shall take effect immediately.