Assembly Actions - Lowercase Senate Actions - UPPERCASE |
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Feb 21, 2013 | referred to codes |
senate Bill S3809
Sponsored By
Eric Adams
(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
Co-Sponsors
Greg Ball
(R, C, IP) 0 Senate District
Brad Hoylman-Sigal
(D, WF) 47th Senate District
Kevin S. Parker
(D, WF) 21st Senate District
S3809 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1771
- Current Committee:
- Senate 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:
-
2011-2012: A10814
2015-2016: A2872
S3809 (ACTIVE) - Sponsor Memo
BILL NUMBER:S3809 TITLE OF BILL: An act to amend the criminal procedure law, in relation to the timeliness 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 PURPOSE: The bill amends the Criminal Procedure Law and the Civil Practice Law and Rules to eliminate the statute of limitations for criminal and civil actions for certain sex offenses committed against a child less than eighteen years of ace. SUMMARY OF PROVISIONS: 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) A prosecution involving a sexual offense as defined in article 130 of the penal law, other than a sexual offense delineated in paragraph (a) of subdivision 2 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 18 years of age, or use of a child in a sexual performance as defined in section 263.05 of the penal law may be commenced at any time.
S3809 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3809 2013-2014 Regular Sessions I N S E N A T E February 21, 2013 ___________ Introduced by Sen. ADAMS -- 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; 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 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 PERFORM-
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