Senate Bill S3103B

                                BILL NUMBER:S3103

TITLE OF BILL:  An act to amend the criminal procedure law, in
relation to the statute of limitation for sex offenses committed
against a child

PURPOSE:

To extend the statute of limitations for certain sex crimes committed
against minors.

SUMMARY OF PROVISIONS:.

Section 1 amends Paragraph (f) of Subdivision 3 of Section 30.10 of
the Criminal Procedure Law to increase the age, from eighteen to
thirty-three, at which the statute of limitation begins to run for
certain sex crimes committed against children.

Section 2 provides the effective date.

JUSTIFICATION:

Currently, the statute of limitations begins to run on certain sex
crimes against minors when the victim turns eighteen.  This
legislation changes that age to thirty-three, giving more opportunity
for those who were victimized as children in sex crimes to report the
              

                                 BILL NUMBER:  S3103A

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to the statute
of limitation for sex offenses committed against a child; and to amend
the civil practice law and rules, in relation to actions for sexual
assault of a child

 PURPOSE :

To extend the statute of limitations for certain sex crimes committed
against minors.

 SUMMARY OF PROVISIONS :

Section 1 amends Paragraph (f) of Subdivision 3 of Section 30.10 of
the Criminal Procedure Law to increase the age, from eighteen to
thirty-three, at which the statute of limitation begins to run for
certain sex crimes committed against children.

Section 2 amends the Civil Practice Law by adding a new section 215-a,
providing that every civil claim or cause of action brought by a
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 130 of the Penal Law committed against a
              

child less than eighteen years of ages, incents as defined by §§
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 § 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,
which is barred as of the effective date of this section because the
applicable period of limitation has expired is hereby revived, and
action thereon may be commenced on or before one year after the
effective date of this section.

Section 3 provides the effective date.

 EXISTING LAW :

Section 30.10 of the Criminal Procedure Law relates to the timeliness
of prosecutions and periods of limitation. The section provides a
criminal action must be commenced within the period of limitation
prescribed in the ensuing subdivisions of this section.

Section 30.10(2)(a) of the Criminal Procedure Law provides, except as
otherwise provided in subdivision three, a prosecution for a class A
felony, or rape in the first degree, or a crime defined or formerly
defined in section 130.50 of the Penal Law, or aggravated sexual abuse
in, or course of sexual conduct against a child, may be commenced at
any time.

Section 30.10(3)(f) of the Criminal Procedure Law provides, for
purposes of 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 two of this section, committed against
a child less than eighteen years of age, incest in the first, second,
or third degree committed against a child less than eighteen years of
age, or use of a child in a sexual performance, the period of
limitation 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.


Article 130 of the Penal Law provides defines the following crimes:
sex offenses, rape, criminal sexual acts, forcible touching,
persistent sexual abuse, sexual abuse, aggravated sexual abuse, course
of sexual conduct against a child, female genital mutilation,
facilitating a sex offense with a controlled substance, sexually
motivated felony, predatory sexual assault, and predator sexual
assault against a child.

Article 2 of the Civil Practice Law provides the statute of
limitations of all civil actions and relates to the calculation of
such actions, and provides for certain damages.

 JUSTIFICATION :

Sex crimes, particularly those committed against children, are among
the most heinous and disturbing of our society. These are crimes that
leave life-long scars and require a comprehensive strategy to combat.
Currently, the statute of limitations begins to run on sex crimes
against minors when the victim turns eighteen. Often, victims of
childhood sexual abuse do not come to terms with their abuse until
well into adulthood. This legislation changes that age to
thirty-three, giving more opportunity for those who were victimized as
children of sex crimes to report the crime.

Additionally, this measure will provide one year to all victims for
whom the statute of limitations has expired to litigate their claim in
civil court in order to receive damages for their injury. Under the
current law these victims have no legal authority to initiate a civil
action against a sexual abuser and receive damages once the statute of
limitations expires.

In summation, this legislation acknowledges the hesitation or
inability of victims of sex crimes to report the crime, even after
they turn eighteen, and also provides the opportunity for all those
victims for whom the statute has run the opportunity to litigate their
claim. This will increase the likelihood that perpetrators of these
crimes will face criminal culpability and civil liability.

 LEGISLATIVE HISTORY :

2013-2014: S.5491 - referred to codes

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.