A04008 Summary:

BILL NO    A04008 

SAME AS    SAME AS S05431

SPONSOR    Gabryszak (MS)

COSPNSR    Galef, Paulin, Cusick, Hikind, Titus

MLTSPNSR   Abbate, Magee, Robinson, Sweeney

Amd S30.10, CP L; add S214-f, CPLR

Extends the statute of limitations for childhood sexual abuse or exploitation.
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A04008 Memo:

BILL NUMBER:A4008

TITLE OF BILL:  An act to amend the criminal procedure law and the civil
practice  law and rules, in relation to extending the statute of limita-
tions for childhood sexual abuse or exploitation

PURPOSE OR GENERAL IDEA OF BILL: This bill will extend the  statutes  of
limitation  for  sex  crimes committed against children in both criminal
and civil cases, from five (5) to fifteen (15) years. In addition, as in
current law, the period of limitation will be tolled when the child  has
reached the age of eighteen or the offense is reported to a law enforce-
ment agency or statewide register of child abuse or maltreatment, which-
ever occurs earlier.

SUMMARY  OF SPECIFIC PROVISIONS:  Paragraph (f) of subdivision 3 of Sec.
30.10 of the criminal procedure law is  amended  as  follows:  a  felony
conspiracy  to  commit  a  crime under article 155 of the penal law or a
felony for hindering the prosecution of a crime pursuant to Sec.  205.60
of  the penal law shall not begin to run until the child has reached the
age of eighteen or the offense is reported to a law  enforcement  agency
or  statewide  registry of child abuse or maltreatment, whichever occurs
earlier, and  thereafter  such  prosecution  must  be  commenced  within
fifteen  years.  The civil practice law and rules is amended by adding a
new subdivision 214-f which provides for all claims or causes of  action
brought  by  any  person for recovery of damages for injury or condition
suffered as a result  of  childhood  sexual  abuse  or  exploitation  as
defined  in  section  263.05  of the penal law shall be commenced within
fifteen years of the act alleged to have caused the injury or condition.

JUSTIFICATION: Recent investigations into numerous allegations of  child
sexual  abuse have shown that young victims are often traumatized by the
abhorrent acts committed against them.    Prosecution  may  be  hindered
because  victims are too young or are emotionally unable to come forward
to report a person held in trust or to know that what  is  happening  to
them  is  wrong.  In  many  instances the victim's own family members or
close family friends are committing such  acts.  Later  in  life,  after
maturing  and  confronting the terrible nature of these acts perpetrated
upon them, these now-adult victims have built up  the  courage  to  come
forward and report the crimes against them to law enforcement. Only then
do  they learn that the authorities are powerless to bring their abusers
to justice because the applicable statute of limitations has expired and
prosecution of child sex offenders is very difficult. For many  victims,
it  is  not until they are much older in life that they are able to come
forward about the abuse they endured.

Events throughout New York State have shown the need to extend the stat-
ute of limitations on such crimes to allow the victims and the state the
opportunity for justice. This bill would provide victims and  the  state
the opportunity to hold sex offenders responsible for their acts.

PRIOR LEGISLATIVE HISTORY:
2008-2009:  A3215

2007-2008:  A.5242
2005-2006:  A.3397
2003-2004:  A.8767

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.
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A04008 Text:

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

                                         4008

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 30, 2013
                                      ___________

       Introduced  by  M. of A. GABRYSZAK, GALEF, PAULIN, CUSICK, HIKIND, TITUS
         -- Multi-Sponsored by -- M. of A. ABBATE, MAGEE, ROBINSON, SWEENEY  --
         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 extending the  statute  of  limitations  for
         childhood sexual abuse or exploitation

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. Paragraph (f) of subdivision 3  of  section  30.10  of  the
    2  criminal  procedure  law, as separately amended by chapters 3 and 320 of
    3  the laws of 2006, is amended to read as follows:
    4    (f) For purposes of a prosecution involving a [sexual] SEX offense  as
    5  defined  in  article  one  hundred thirty of the penal law, other than a
    6  sexual offense delineated in paragraph (a) of subdivision  two  of  this
    7  section,  committed  against  a  child  less than eighteen years of age,
    8  incest in the first, second or  third  degree  as  defined  in  sections
    9  255.27,  255.26  and  255.25  of the penal law committed against a child
   10  less than eighteen years of age, or use of a child in a sexual  perform-
   11  ance  as defined in section 263.05 of the penal law, A FELONY CONSPIRACY
   12  TO COMMIT ONE OF THESE CRIMES UNDER ARTICLE  ONE  HUNDRED  FIVE  OF  THE
   13  PENAL  LAW  OR  A  FELONY  FOR HINDERING THE PROSECUTION OF ONE OF THESE
   14  CRIMES PURSUANT TO SECTION 205.60 OF THE PENAL LAW, the period of  limi-
   15  tation  shall  not  begin  to run until the child has reached the age of
   16  eighteen or the offense is reported  to  a  law  enforcement  agency  or
   17  statewide  central  register  of child abuse and maltreatment, whichever
   18  occurs earlier, AND THEREAFTER SUCH PROSECUTION SHALL BE COMMENCED WITH-
   19  IN FIFTEEN YEARS.
   20    S 2. The civil practice law and rules  is  amended  by  adding  a  new
   21  section 214-f to read as follows:
   22    S  214-F.  ACTIONS BASED ON CHILDHOOD SEXUAL ABUSE OR EXPLOITATION. 1.
   23  ALL CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY  PERSON  FOR  RECOVERY  OF

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08026-01-3
       A. 4008                             2

    1  DAMAGES FOR INJURY OR CONDITION SUFFERED AS A RESULT OF CHILDHOOD SEXUAL
    2  ABUSE OR EXPLOITATION SHALL BE COMMENCED WITHIN FIFTEEN YEARS OF THE ACT
    3  ALLEGED TO HAVE CAUSED THE INJURY OR CONDITION.
    4    2.  THE  INJURED  PARTY  NEED  NOT ESTABLISH WHICH ACT, IN A SERIES OF
    5  CONTINUING ACTS OF CHILDHOOD SEXUAL ABUSE OR  EXPLOITATION,  CAUSED  THE
    6  INJURY OR CONDITION THAT IS THE SUBJECT OF THE SUIT.
    7    3.  AS  USED IN THIS SECTION, "CHILDHOOD SEXUAL ABUSE OR EXPLOITATION"
    8  MEANS ANY ACT COMMITTED BY THE PERPETRATOR  AGAINST  THE  INJURED  PARTY
    9  WHICH  ACT  OCCURRED  WHEN THE INJURED PARTY WAS AN INFANT AND WHICH ACT
   10  WOULD HAVE BEEN PROSCRIBED BY ARTICLE ONE HUNDRED THIRTY  OF  THE  PENAL
   11  LAW,  OR  WHICH  ACT WOULD HAVE CONSTITUTED INCEST AS DEFINED IN SECTION
   12  255.25, 255.26 OR 255.27 OF THE PENAL  LAW,  OR  WHICH  ACT  WOULD  HAVE
   13  CONSTITUTED  THE  USE  OF  A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN
   14  SECTION 263.05 OF THE PENAL LAW, OR WHICH ACT WOULD  HAVE  VIOLATED  ANY
   15  PRIOR  LAW  OF  THIS  STATE  OF  SIMILAR  EFFECT AT THE TIME THE ACT WAS
   16  COMMITTED.
   17    4. THIS SECTION SHALL APPLY TO ALL CAUSES OF ACTION  COMMENCED  ON  OR
   18  AFTER  THE  EFFECTIVE DATE OF THIS SECTION, REGARDLESS OF WHEN THE CAUSE
   19  OF ACTION AROSE.
   20    S 3. This act shall take effect immediately.
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