S T A T E O F N E W Y O R K
________________________________________________________________________
7549--A
2019-2020 Regular Sessions
I N A S S E M B L Y
May 9, 2019
___________
Introduced by M. of A. SIMOTAS, DINOWITZ, DeSTEFANO, ORTIZ, ZEBROWSKI,
LUPARDO, M. G. MILLER, GALEF, REYES, HEVESI, THIELE, BARNWELL,
SCHMITT, McDONOUGH, JAFFEE, BURKE -- read once and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the criminal procedure law, in relation to removing the
statute of limitations for certain crimes; and to amend the civil
practice law and rules, in relation to extending the statute of limi-
tations for certain civil claims
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the
criminal procedure law, as amended by chapter 467 of the laws of 2008,
is amended to read as follows:
(a) A prosecution for a class A felony, or rape in the first degree as
defined in section 130.35 of the penal law, OR RAPE IN THE SECOND DEGREE
AS DEFINED IN SECTION 130.30 OF THE PENAL LAW, OR RAPE IN THE THIRD
DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, or a crime defined
or formerly defined in section 130.50 of the penal law, OR CRIMINAL
SEXUAL ACT IN THE SECOND DEGREE AS DEFINED IN SECTION 130.45 OF THE
PENAL LAW, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN
SECTION 130.40 OF THE PENAL LAW, or aggravated sexual abuse in the first
degree as defined in section 130.70 of the penal law, or course of sexu-
al conduct against a child in the first degree as defined in section
130.75 of the penal law, OR INCEST IN THE FIRST DEGREE AS DEFINED IN
SECTION 255.27 OF THE PENAL LAW, OR INCEST IN THE SECOND DEGREE AS
DEFINED IN SECTION 255.26 OF THE PENAL LAW, OR INCEST IN THE THIRD
DEGREE AS DEFINED IN SECTION 255.25 OF THE PENAL LAW may be commenced at
any time;
§ 2. Section 213-c of the civil practice law and rules, as added by
chapter 3 of the laws of 2006, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11433-04-9
A. 7549--A 2
§ 213-c. Action by victim of conduct constituting certain sexual
offenses. Notwithstanding any other limitation set forth in this arti-
cle, a civil claim or cause of action to recover from a defendant as
hereinafter defined, for physical, psychological or other injury or
condition suffered by a person as a result of acts by such defendant of
rape in the first degree as defined in section 130.35 of the penal law,
RAPE IN THE SECOND DEGREE AS DEFINED IN SECTION 130.30 OF THE PENAL
LAW, OR RAPE IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25 OF THE
PENAL LAW, or criminal sexual act in the first degree as defined in
section 130.50 of the penal law, OR CRIMINAL SEXUAL ACT IN THE SECOND
DEGREE AS DEFINED IN SECTION 130.45 OF THE PENAL LAW, OR CRIMINAL SEXUAL
ACT IN THE THIRD DEGREE AS DEFINED IN SECTION 130.40 OF THE PENAL LAW,
or aggravated sexual abuse in the first degree as defined in section
130.70 of the penal law, or course of sexual conduct against a child in
the first degree as defined in section 130.75 of the penal law, OR
INCEST IN THE FIRST DEGREE AS DEFINED IN SECTION 255.27 OF THE PENAL
LAW, OR INCEST IN THE SECOND DEGREE AS DEFINED IN SECTION 255.26 OF THE
PENAL LAW, OR INCEST IN THE THIRD DEGREE AS DEFINED IN SECTION 255.25 OF
THE PENAL LAW may be brought within [five] TEN years. As used in this
section, the term "defendant" shall mean only a person who commits the
acts described in this section or who, in a criminal proceeding, could
be charged with criminal liability for the commission of such acts
pursuant to section 20.00 of the penal law and shall not apply to any
related civil claim or cause of action arising from such acts. Nothing
in this section shall be construed to require that a criminal charge be
brought or a criminal conviction be obtained as a condition of bringing
a civil cause of action or receiving a civil judgment pursuant to this
section or be construed to require that any of the rules governing a
criminal proceeding be applicable to any such civil action.
§ 3. This act shall take effect immediately.