Assembly Bill A2504

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

                                  2504

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 16, 2015
                               ___________

Introduced  by M. of A. GRAF, BORELLI, MONTESANO, SKOUFIS, DUPREY, RAIA,
  AUBRY, DiPIETRO, CROUCH, STEC, SEPULVEDA, LALOR -- Multi-Sponsored  by
  --  M.  of  A. ARROYO, BARCLAY, CERETTO, CORWIN, HAWLEY, KEARNS, McDO-
  NOUGH, McLAUGHLIN, OAKS, TENNEY, THIELE -- read once and  referred  to
  the Committee on Codes

AN  ACT  to  amend the criminal procedure law and the civil practice law
  and rules, in relation to removing the statute of limitations in crim-
  inal and civil actions involving  sex  offenses  committed  against  a
  minor

  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. Section 213-c of the civil practice law and rules,  as  added  by
chapter 3 of the laws of 2006, is amended to read as follows:
  S  213-c.  Action  by  victim  of  conduct constituting certain sexual
offenses. (A) Notwithstanding any other limitation  set  forth  in  this
article, a civil claim or cause of action to recover from a defendant as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05567-01-5
              

A. 2504                             2

hereinafter  defined,  for  physical,  psychological  or other injury or
condition suffered by a person as a result of acts by such defendant  of
rape  in the first degree as defined in section 130.35 of the penal law,
or  criminal sexual act in the first degree as defined in section 130.50
of the penal law, or aggravated sexual abuse  in  the  first  degree  as
defined in section 130.70 of the penal law[, or course of sexual conduct
against  a child in the first degree as defined in section 130.75 of the
penal law] may be brought within five years.
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
OR ANY OTHER PROVISION OF LAW TO THE CONTRARY 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 CONSTI-
TUTE 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  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, SUCH ACTION MAY BE COMMENCED AT ANY TIME.
  (C) As used in this section, the term "defendant" shall  mean  only  a
person who commits the acts described in this section or who, in a crim-
inal  proceeding,  could  be  charged  with  criminal  liability for the
commission of such acts pursuant to section 20.00 of the penal  law  and
shall  not  apply  to any related civil claim or cause of action arising
from such acts. Nothing in this section shall be  construed  to  require
that  a  criminal charge be brought or a criminal conviction be obtained
as a condition of bringing a civil cause of action or receiving a  civil
judgment pursuant to this section or be construed to require that any of
the  rules  governing  a  criminal  proceeding be applicable to any such
civil action.
  S 3. This act shall take effect immediately.