The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4725
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 5, 2021
                                ___________
 
 Introduced  by M. of A. SMITH -- 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 removing the statute of limitations in crim-
   inal  and  civil  actions  involving  sex offenses committed against a
   minor

   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 amended by chapter 11 of the laws of 2019, is
 amended to read as follows:
   (f) [For purposes of a] 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,
 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[, the period of limi-
 tation  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] MAY BE COMMENCED AT ANY TIME.
   § 2. 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD06899-01-1

 A. 4725                             2
 
 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 CAUSES
 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.
   § 3. This act shall take effect immediately.