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.
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.
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.
