S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4541
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A. BICHOTTE, SKOUFIS, PICHARDO, MOSLEY -- Multi-
   Sponsored by -- M.   of A. COOK --  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 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.
   § 2. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-g to read as follows:
   §  214-G.  ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE OR EXPLOITATION. 1.
 ALL CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY  PERSON  FOR  RECOVERY  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01294-01-7

 A. 4541                             2
 
 DAMAGES FOR INJURY OR CONDITION SUFFERED AS A RESULT OF CHILDHOOD SEXUAL
 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.
   § 3. This act shall take effect immediately.