STATE OF NEW YORK ________________________________________________________________________

6574

2019-2020 Regular Sessions

IN SENATE

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:

1 Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the 2 criminal procedure law, as amended by chapter 467 of the laws of 2008, 3 is amended to read as follows: 4 (a) A prosecution for a class A felony, or rape in the first degree as 5 defined in section 130.35 of the penal law, or a crime defined or 6 formerly defined in section 130.50 of the penal law, or aggravated sexu- 7 al abuse in the first degree as defined in section 130.70 of the penal 8 law, or course of sexual conduct against a child in the first degree as 9 defined in section 130.75 of the penal law, or incest in the first 10 degree as defined in section 255.27 of the penal law may be commenced at 11 any time; 12 § 2. Subdivision 2 of section 30.10 of the criminal procedure law is 13 amended by adding two new paragraphs (a-1) and (a-2) to read as follows: 14 (a-1) A prosecution for rape in the second degree as defined in subdi- 15 vision two of section 130.30 of the penal law, or criminal sexual act in 16 the second degree as defined in subdivision two of section 130.45 of the 17 penal law, or incest in the second degree as defined in section 255.26 18 of the penal law (where the crime committed is rape in the second degree 19 as defined in subdivision two of section 130.30 of the penal law or 20 criminal sexual act in the second degree as defined in subdivision two 21 of section 130.45) must be commenced within twenty years after the 22 commission thereof or within ten years from when the offense is first 23 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

1 (a-2) A prosecution for rape in the third degree as defined in subdi- 2 vision one or three of section 130.25 of the penal law, or criminal 3 sexual act in the third degree as defined in subdivision one or three of 4 section 130.40 of the penal law must be commenced within ten years after 5 the commission thereof; 6 § 3. Section 213-c of the civil practice law and rules, as added by 7 chapter 3 of the laws of 2006, is amended to read as follows: 8 § 213-c. Action by victim of conduct constituting certain sexual 9 offenses. Notwithstanding any other limitation set forth in this arti- 10 cle, [a] except as provided in subdivision (b) of section two hundred 11 eight of this article, all civil [claim or cause] claims or causes of 12 action [to recover from a defendant as hereinafter defined,] brought by 13 any person for physical, psychological or other injury or condition 14 suffered by [a] such person as a result of [acts by such defendant of] 15 conduct which would constitute rape in the first degree as defined in 16 section 130.35 of the penal law, or rape in the second degree as defined 17 in subdivision two of section 130.30 of the penal law, or rape in the 18 third degree as defined in subdivision one or three of section 130.25 of 19 the penal law, or criminal sexual act in the first degree as defined in 20 section 130.50 of the penal law, or criminal sexual act in the second 21 degree as defined in subdivision two of section 130.45 of the penal law, 22 or criminal sexual act in the third degree as defined in subdivision one 23 or three of section 130.40 of the penal law, or incest in the first 24 degree as defined in section 255.27 of the penal law, or incest in the 25 second degree as defined in section 255.26 of the penal law (where the 26 crime committed is rape in the second degree as defined in subdivision 27 two of section 130.30 of the penal law or criminal sexual act in the 28 second degree as defined in subdivision two of section 130.45), or 29 aggravated sexual abuse in the first degree as defined in section 130.70 30 of the penal law, or course of sexual conduct against a child in the 31 first degree as defined in section 130.75 of the penal law may be 32 brought against any party whose intentional or negligent acts or omis- 33 sions are alleged to have resulted in the commission of the said 34 conduct, within [five] twenty years. [As used in this section, the term 35 "defendant" shall mean only a person who commits the acts described in 36 this section or who, in a criminal proceeding, could be charged with 37 criminal liability for the commission of such acts pursuant to section 38 20.00 of the penal law and shall not apply to any related civil claim or 39 cause of action arising from such acts.] Nothing in this section shall 40 be construed to require that a criminal charge be brought or a criminal 41 conviction be obtained as a condition of bringing a civil cause of 42 action or receiving a civil judgment pursuant to this section or be 43 construed to require that any of the rules governing a criminal proceed- 44 ing be applicable to any such civil action. 45 § 4. This act shall take effect immediately and shall apply to acts or 46 omissions occurring on or after such effective date and to acts or omis- 47 sions occurring prior to such effective date where the applicable stat- 48 ute of limitations in effect on the date of such act or omission has not 49 yet expired.