S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  618--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- 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
   statute of limitations for certain child  sexual  assault  crimes;  to
   amend  the  civil  practice law and rules, in relation to removing the
   statute of limitations in civil actions involving certain child sexual
   assault offenses; and to repeal paragraph  (e)  of  subdivision  3  of
   section 30.10 of the criminal procedure law relating to the statute of
   limitations for sexual conduct against a child
 
   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 315 of the laws of 2019,
 is amended to read as follows:
   (a) A prosecution for a class A felony, or RAPE IN THE THIRD DEGREE AS
 DEFINED IN SUBDIVISION TWO OF SECTION 130.25 OF THE PENAL LAW,  OR  RAPE
 IN  THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 130.30 OF
 THE PENAL LAW, OR rape in the first degree as defined in section  130.35
 of  the penal law, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED
 IN SUBDIVISION TWO OF SECTION 130.40 OF THE PENAL LAW, OR CRIMINAL SEXU-
 AL ACT IN THE SECOND DEGREE AS DEFINED IN  SUBDIVISION  ONE  OF  SECTION
 130.45  OF  THE  PENAL  LAW,  or  a crime defined or formerly defined in
 section 130.50 of the penal law, OR SEXUAL ABUSE IN THE SECOND DEGREE AS
 DEFINED IN SUBDIVISION TWO OF SECTION 130.60 OF THE PENAL LAW, OR SEXUAL
 ABUSE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISIONS THREE AND  FOUR  OF
 SECTION  130.65  OF  THE  PENAL  LAW,  OR AGGRAVATED SEXUAL ABUSE IN THE
 FOURTH DEGREE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF  SECTION
 130.65-A  OF  THE  PENAL  LAW,  OR  AGGRAVATED SEXUAL ABUSE IN THE THIRD
 DEGREE AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION  130.66
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD00410-02-1

 A. 618--A                           2
 
 OF  THE  PENAL  LAW,  OR AGGRAVATED SEXUAL ABUSE IN THE SECOND DEGREE AS
 DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF  SECTION  130.67  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 COURSE OF SEXUAL CONDUCT AGAINST A CHILD  IN  THE  SECOND  DEGREE  AS
 DEFINED  IN SECTION 130.80 OF THE PENAL LAW, OR PREDATORY SEXUAL ASSAULT
 AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW, or incest
 in the first degree as defined in section 255.27 of the  penal  law,  OR
 USE  OF  A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF
 THE PENAL LAW, may be commenced at any time;
   § 2. Paragraph (f) of subdivision 3 of section 30.10 of  the  criminal
 procedure  law, as amended by chapter 11 of the laws of 2019, 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,] A
 PROSECUTION FOR 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
 performance as defined in section 263.05 of the penal law,]  the  period
 of limitation shall not begin to run until the child has reached the age
 of  twenty-three  or the offense is reported to a law enforcement agency
 or statewide central register of child abuse and maltreatment, whichever
 occurs earlier.
   § 3. Paragraph (e) of subdivision 3 of section 30.10 of  the  criminal
 procedure law is REPEALED.
   §  4.  Subdivision  (b)  of  section 208 of the civil practice law and
 rules, as added by chapter 11 of the laws of 2019, is amended to read as
 follows:
   (b) Notwithstanding any provision of law which  imposes  a  period  of
 limitation  to the contrary and the provisions of any other law pertain-
 ing to the filing of a notice of claim or a notice of intention to  file
 a claim as a condition precedent to commencement of an action or special
 proceeding, with respect to all civil claims or causes of action brought
 by  any  person for physical, psychological or other injury or condition
 suffered by such person as a result of conduct which would constitute  a
 sexual offense as defined in article one hundred thirty of the penal law
 committed  against  such person who was less than eighteen years of age,
 incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
 committed  against  such person who was less than eighteen years of age,
 or the use of such person in a sexual performance as defined in  section
 263.05  of  the penal law, or a predecessor statute that prohibited such
 conduct at the time of the act, which conduct was committed against such
 person who was less than eighteen years  of  age,  such  action  may  be
 commenced,  against  any  party  whose  intentional or negligent acts or
 omissions are alleged  to  have  resulted  in  the  commission  of  said
 conduct,  [on  or  before] BY the plaintiff or infant plaintiff [reaches
 the age of fifty-five years] AT ANY TIME. In any such claim  or  action,
 in  addition  to  any  other defense and affirmative defense that may be
 available in accordance with law, rule or the common law, to the  extent
 that the acts alleged in such action are of the type described in subdi-
 vision  one  of  section  130.30  of the penal law or subdivision one of
 section 130.45 of the penal law, the  affirmative  defenses  set  forth,

 A. 618--A                           3
 
 respectively, in the closing paragraph of such sections of the penal law
 shall apply.
   §  5. Section 213-c of the civil practice law and rules, as amended by
 chapter 315 of the laws of 2019, is amended to read as follows:
   § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
 offenses.  (A)  Notwithstanding  any  other limitation set forth in this
 article, except as provided in subdivision (b) of  section  two  hundred
 eight  of  this article, all civil claims or causes of action brought by
 any person for physical, psychological  or  other  injury  or  condition
 suffered  by  such  person as a result 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 subdivi-
 sion 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 omissions are alleged to
 have resulted in the commission  of  the  said  conduct,  within  twenty
 years.
   (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL CIVIL CLAIMS OR CAUS-
 ES  OF ACTION BROUGHT BY ANY PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER
 INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD  CONSTI-
 TUTE  A  SEXUAL  OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN  EIGHTEEN  YEARS  OF  AGE,
 INCEST  AS  DEFINED IN SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
 A CHILD IN A SEXUAL PERFORMANCE AS DEFINED  IN  SECTION  263.05  OF  THE
 PENAL  LAW, OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE
 TIME OF THE ACT, WHICH CONDUCT WAS COMMITTED AGAINST A CHILD  LESS  THAN
 EIGHTEEN YEARS OF AGE, SUCH ACTION MAY BE COMMENCED AT ANY TIME.
   (C) Nothing in this section shall be construed to require that a crim-
 inal  charge be brought or a criminal conviction be obtained as a condi-
 tion 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.
   §  6. Section 214-g of the civil practice law and rules, as amended by
 chapter 130 of the laws of 2020, is amended to read as follows:
   §  214-g.  Certain  child  sexual  abuse  cases.  Notwithstanding  any
 provision  of  law  which imposes a period of limitation to the contrary
 and the provisions of any other law pertaining to the filing of a notice
 of claim or a notice of intention to file a claim as a condition  prece-
 dent  to  commencement  of  an action or special proceeding, every civil
 claim or cause of action brought against any party alleging  intentional

 A. 618--A                           4
 
 or  negligent acts or omissions by a person for physical, psychological,
 or other injury or condition suffered as a result of conduct which would
 constitute a sexual offense as defined in article one hundred thirty  of
 the penal law committed against a child less than eighteen years of age,
 incest  as  defined in section 255.27, 255.26 or 255.25 of the penal law
 committed against a child less than eighteen years of age, or the use of
 a child in a sexual performance as defined  in  section  263.05  of  the
 penal  law, or a predecessor statute that prohibited such conduct at the
 time of the act, which conduct was committed against a child  less  than
 eighteen  years of age, which is barred as of the effective date of this
 section because the applicable period of limitation has expired,  and/or
 the plaintiff previously failed to file a notice of claim or a notice of
 intention  to file a claim, is hereby revived, and action thereon may be
 commenced not earlier than six months after[, and  not  later  than  two
 years  and  six months after] the effective date of this section. In any
 such claim or action: (a) in addition to any other defense and  affirma-
 tive  defense  that may be available in accordance with law, rule or the
 common law, to the extent that the acts alleged in such  action  are  of
 the type described in subdivision one of section 130.30 of the penal law
 or  subdivision  one of section 130.45 of the penal law, the affirmative
 defenses set forth, respectively,  in  the  closing  paragraph  of  such
 sections  of  the penal law shall apply; and (b) dismissal of a previous
 action, ordered before the effective date of this  section,  on  grounds
 that such previous action was time barred, and/or for failure of a party
 to  file  a  notice  of  claim or a notice of intention to file a claim,
 shall not be grounds for dismissal of a revival action pursuant to  this
 section.
   § 7. This act shall take effect immediately.