assembly Bill A8421

2017-2018 Legislative Session

Provides for the timeliness of commencing criminal and civil action for sexual offenses committed against children

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to codes
Jun 14, 2017 referred to codes

A8421 (ACTIVE) - Details

See other versions of this Bill:
S6575
, A5885
, S6722
Current Committee:
Assembly Codes
Law Section:
Criminal Procedure Law
Laws Affected:
Amd §30.10, CP L; amd §208, RR3211 & 3403, add §214-g, CPLR; amd §§50-e & 50-i, Gen Muni L; amd §10, Ct Claims Act; amd §3813, Ed L; amd §219-c, add §219-d, Judy L
Versions Introduced in 2019-2020 Legislative Session:
S2440

A8421 (ACTIVE) - Summary

Provides that the statute of limitations for criminal prosecution of a sexual offense committed against a child shall not begin to run until the child turns 23 years of age; provides that a civil action for conduct constituting a sexual offense against a child, shall be brought before the child turns 50 years of age; revives previously barred actions related to sexual abuse of children; grants civil trial preference to such actions (view more) eliminates the notice of claim requirements for such actions when the action is brought against a municipality, the state or a school district; requires judicial training relating to child abuse and the establishment of rules relating to civil actions brought for sexual offenses committed against children.

A8421 (ACTIVE) - Bill Text download pdf


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

                                  8421

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2017
                               ___________

Introduced by M. of A. ROSENTHAL -- (at request of the Governor) -- read
  once and referred to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to the statute
  of limitations in criminal prosecution of a sexual  offense  committed
  against  a  child;  to  amend  the  civil  practice  law and rules, in
  relation to the statute of limitations for civil actions related to  a
  sexual offense committed against a child, reviving such actions other-
  wise  barred by the existing statute of limitations and granting trial
  preference to such actions; to amend the  general  municipal  law,  in
  relation  to  providing  that the notice of claim provisions shall not
  apply to such actions; to amend the court of claims act,  in  relation
  to providing that the notice of intention to file provisions shall not
  apply  to  such  actions;  to  amend the education law, in relation to
  providing that the notice of claim provisions shall not apply to  such
  actions;  and  to  amend  the  judiciary  law, in relation to judicial
  training relating to sexual abuse of minors and rules  reviving  civil
  actions relating to sexual offenses committed against children

  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  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

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

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