Senate Bill S3435

2017-2018 Legislative Session

Extends the statute of limitations for childhood sexual abuse or exploitation

download bill text pdf

Sponsored By

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

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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) - Summary

Extends the statute of limitations for childhood sexual abuse or exploitation.

2017-S3435 (ACTIVE) - Sponsor Memo

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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