S T A T E O F N E W Y O R K
________________________________________________________________________
1854
2023-2024 Regular Sessions
I N A S S E M B L Y
January 23, 2023
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Codes
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
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06673-01-3
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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,
respectively, in the closing paragraph of such sections of the penal law
shall apply.
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§ 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
or negligent acts or omissions by a person for physical, psychological,
or other injury or condition suffered as a result of conduct which would
A. 1854 4
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.