S T A T E   O F   N E W   Y O R K
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                                  6743

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              April 1, 2015
                               ___________

Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
  tee on Codes

AN  ACT  to  amend the criminal procedure law and the civil practice law
  and rules, in relation to extending the  statute  of  limitations  for
  childhood sexual abuse or exploitation

  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] SEX 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, A FELONY CONSPIRACY
TO COMMIT ONE OF THESE CRIMES UNDER ARTICLE  ONE  HUNDRED  FIVE  OF  THE
PENAL  LAW  OR  A  FELONY  FOR HINDERING THE PROSECUTION OF ONE OF THESE
CRIMES PURSUANT TO SECTION 205.60 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, AND THEREAFTER SUCH PROSECUTION SHALL BE COMMENCED WITH-
IN FIFTEEN YEARS.
  S 2. The civil practice law and rules  is  amended  by  adding  a  new
section 214-f to read as follows:
  S  214-F.  ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE OR EXPLOITATION. 1.
ALL CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY  PERSON  FOR  RECOVERY  OF
DAMAGES FOR INJURY OR CONDITION SUFFERED AS A RESULT OF CHILDHOOD SEXUAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06545-01-5
              

A. 6743                             2

ABUSE OR EXPLOITATION SHALL BE COMMENCED WITHIN FIFTEEN YEARS OF THE ACT
ALLEGED TO HAVE CAUSED THE INJURY OR CONDITION.
  2.  THE  INJURED  PARTY  NEED  NOT ESTABLISH WHICH ACT, IN A SERIES OF
CONTINUING ACTS OF CHILDHOOD SEXUAL ABUSE OR  EXPLOITATION,  CAUSED  THE
INJURY OR CONDITION THAT IS THE SUBJECT OF THE SUIT.
  3.  AS  USED IN THIS SECTION, "CHILDHOOD SEXUAL ABUSE OR EXPLOITATION"
MEANS ANY ACT COMMITTED BY THE PERPETRATOR  AGAINST  THE  INJURED  PARTY
WHICH  ACT  OCCURRED  WHEN THE INJURED PARTY WAS AN INFANT AND WHICH ACT
WOULD HAVE BEEN PROSCRIBED BY ARTICLE ONE HUNDRED THIRTY  OF  THE  PENAL
LAW,  OR  WHICH  ACT WOULD HAVE CONSTITUTED INCEST AS DEFINED IN SECTION
255.25, 255.26 OR 255.27 OF THE PENAL  LAW,  OR  WHICH  ACT  WOULD  HAVE
CONSTITUTED  THE  USE  OF  A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN
SECTION 263.05 OF THE PENAL LAW, OR WHICH ACT WOULD  HAVE  VIOLATED  ANY
PRIOR  LAW  OF  THIS  STATE  OF  SIMILAR  EFFECT AT THE TIME THE ACT WAS
COMMITTED.
  4. THIS SECTION SHALL APPLY TO ALL CAUSES OF ACTION  COMMENCED  ON  OR
AFTER  THE  EFFECTIVE DATE OF THIS SECTION, REGARDLESS OF WHEN THE CAUSE
OF ACTION AROSE.
  S 3. This act shall take effect immediately.