The New York State Senate

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

                                  10891

                          I N  A S S E M B L Y

                              May 25, 2018
                               ___________

Introduced  by M. of A. SMITH -- 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.
  §  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:
  § 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD05664-01-7

A. 10891                            2

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.
  § 3. This act shall take effect immediately.