S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2723
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by M. of A. BICHOTTE, 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
 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.
              

                                                            LBD00041-01-9

 A. 2723                             2
 
 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.