Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 03, 2018 |
referred to codes |
Jan 23, 2017 |
referred to codes |
Senate Bill S3435
2017-2018 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2017-S3435 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4541
- Current Committee:
- Senate Codes
- Law Section:
- Criminal Procedure Law
- Laws Affected:
- Amd §30.10, CP L; add §214-g, CPLR
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A9355, A3215
2011-2012: A2796
2013-2014: S5431, A4008
2015-2016: S1492, A6743
2019-2020: A2723
2017-S3435 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3435 TITLE OF BILL : 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 PURPOSE OR GENERAL IDEA OF BILL : This bill will extend the statutes of limitation for sex crimes committed against children in both criminal and civil cases, from five (5) to fifteen (15) years. In addition, as in current law, the period of limitation will be tolled when the child has reached the age of eighteen or the offense is reported to a law enforcement agency or statewide register of child abuse or maltreatment, whichever occurs earlier. SUMMARY OF SPECIFIC PROVISIONS : Paragraph (f) of subdivision 3 of Sec. 30.10 of the criminal procedure law is amended as follows: a felony conspiracy to commit a crime under article 155 of the penal law or a felony for hindering the prosecution of a crime pursuant to Sec. 205.60 of the penal law 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 registry of child
2017-S3435 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3435 2017-2018 Regular Sessions I N S E N A T E January 23, 2017 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed 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 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.
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