S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8412
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2019
                                ___________
 
 Introduced  by  M.  of  A. SIMOTAS, GALEF, LUPARDO, JAFFEE, REYES -- (at
   request of the Governor) -- 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  statutes of limitations for certain sex
   crimes

   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 a crime defined or
 formerly defined in section 130.50 of the penal law, or aggravated sexu-
 al 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 may be commenced at
 any time;
   §  2.  Subdivision 2 of section 30.10 of the criminal procedure law is
 amended by adding two new paragraphs (a-1) and (a-2) to read as follows:
   (A-1) A PROSECUTION FOR RAPE IN THE SECOND DEGREE AS DEFINED IN SUBDI-
 VISION TWO OF SECTION 130.30 OF THE PENAL LAW, OR CRIMINAL SEXUAL ACT IN
 THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 130.45 OF THE
 PENAL LAW, OR INCEST IN THE SECOND DEGREE AS DEFINED IN  SECTION  255.26
 OF THE PENAL LAW (WHERE THE CRIME COMMITTED IS RAPE IN THE SECOND DEGREE
 AS  DEFINED  IN  SUBDIVISION  TWO  OF SECTION 130.30 OF THE PENAL LAW OR
 CRIMINAL SEXUAL ACT IN THE SECOND DEGREE AS DEFINED IN  SUBDIVISION  TWO
 OF  SECTION  130.45)  MUST  BE  COMMENCED  WITHIN TWENTY YEARS AFTER THE
 COMMISSION THEREOF OR WITHIN TEN YEARS FROM WHEN THE  OFFENSE  IS  FIRST
 REPORTED TO LAW ENFORCEMENT, WHICHEVER OCCURS EARLIER;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD12033-01-9

 A. 8412                             2
 
   (A-2)  A PROSECUTION FOR RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDI-
 VISION ONE OR THREE OF SECTION 130.25 OF  THE  PENAL  LAW,  OR  CRIMINAL
 SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION ONE OR THREE OF
 SECTION 130.40 OF THE PENAL LAW MUST BE COMMENCED WITHIN TEN YEARS AFTER
 THE COMMISSION THEREOF;
   §  3.  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:
   § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
 offenses.  Notwithstanding  any other limitation set forth in this arti-
 cle, [a] EXCEPT AS PROVIDED IN SUBDIVISION (B) OF  SECTION  TWO  HUNDRED
 EIGHT  OF  THIS  ARTICLE, ALL civil [claim or cause] CLAIMS OR CAUSES of
 action [to recover from a defendant as hereinafter defined,] BROUGHT  BY
 ANY  PERSON  for  physical,  psychological  or other injury or condition
 suffered by [a] SUCH person as a result of [acts by such  defendant  of]
 CONDUCT  WHICH  WOULD  CONSTITUTE rape in the first degree as defined in
 section 130.35 of the penal law, OR RAPE IN THE SECOND DEGREE AS DEFINED
 IN SUBDIVISION TWO OF SECTION 130.30 OF THE PENAL LAW, OR  RAPE  IN  THE
 THIRD DEGREE AS DEFINED IN SUBDIVISION ONE OR THREE OF 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 SUBDIVISION TWO OF SECTION 130.45 OF THE PENAL LAW,
 OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN SUBDIVISION ONE
 OR  THREE  OF  SECTION  130.40  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 (WHERE THE
 CRIME COMMITTED IS RAPE IN THE SECOND DEGREE AS DEFINED  IN  SUBDIVISION
 TWO  OF  SECTION  130.30  OF THE PENAL LAW OR CRIMINAL SEXUAL ACT IN THE
 SECOND DEGREE AS DEFINED IN  SUBDIVISION  TWO  OF  SECTION  130.45),  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  may  be
 brought  AGAINST  ANY PARTY WHOSE INTENTIONAL OR NEGLIGENT ACTS OR OMIS-
 SIONS ARE ALLEGED TO  HAVE  RESULTED  IN  THE  COMMISSION  OF  THE  SAID
 CONDUCT,  within [five] TWENTY 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 proceed-
 ing be applicable to any such civil action.
   § 4. This act shall take effect immediately and shall apply to acts or
 omissions occurring on or after such effective date and to acts or omis-
 sions  occurring prior to such effective date where the applicable stat-
 ute of limitations in effect on the date of such act or omission has not
 yet expired.