senate Bill S6575

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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 05, 2017 referred to rules

Co-Sponsors

S6575 - Details

See other versions of this Bill:
A8421
, A5885
, S6722
Current Committee:
Senate 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

S6575 - 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.

S6575 - Sponsor Memo

S6575 - Bill Text download pdf


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

                                  6575

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                              June 5, 2017
                               ___________

Introduced  by  Sens. HOYLMAN, STEWART-COUSINS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

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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