The New York State Senate

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

                                  6574

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              June 16, 2019
                               ___________

Introduced  by Sen. BIAGGI -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

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

S. 6574                             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.