ELIMINATION OF STATUTE OF LIMITATIONS FOR B SEX FELONIES

LAWS OF NEW YORK, 2006
CHAPTER 3

EXPLANATION--Matter in italics is new; matter in brackets [ ] is old law to be omitted.

AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to eliminating and extending the statute of limitations for rape in the first degree, criminal sexual act in the first degree, aggravated sexual abuse in the first degree and course of sexual conduct against a child in the first degree

Became a law June 23, 2006, with the approval of the Governor.  Passed on message of necessity pursuant to Article III, section 14 of the Constitution by a majority vote, three-fifths being present.

     The People of the State of New York, represented in Senate and  Assembly, do enact as follows:

     Section 1.  Paragraph (a) of subdivision 2 of section 30.10 of the criminal procedure law is amended to read as follows:

     (a) A prosecution for a class A felony, or rape in the first degree as defined in section 130.35 of the penal law, or criminal sexual act in the first degree as defined in section 130.50 of the 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 may be commenced at any time;

     §2.  Paragraphs (e) and (f) of subdivision 3 of section 30.10 of the criminal procedure law, as added by chapter 122 of the laws of 1996, are amended to read as follows:

     (e) A prosecution for [course of sexual conduct in the first degree as defined in section 130.75 of the penal law and] course of sexual conduct against a child in the second degree as defined in section 130.80 of the penal law may be commenced within five years of the commission of the most recent act of sexual conduct.

     (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, incest as defined in section 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 eighteen or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.

     §3.  The civil practice law and rules is amended by adding a new section 213-c to read as follows:

     § 213-c. Action by victim of conduct constituting certain sexual offenses.  Notwithstanding any other limitation set forth in this article, a civil claim or cause of action to recover from a defendant as hereinafter defined, for physical, psychological or other injury or condition suffered by a person as a result of acts by such defendant of rape in the first degree as defined in section 130.35 of the penal law, or criminal sexual act in the first degree as defined in section  130.50 of the 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 may be brought within five years.  As used in this section, the term "defendant" shall mean only a person who commits the acts described in this section or who, in a criminal proceeding, could be charged with criminal liability for the commission of such acts pursuant to section 20.00 of the penal law and shall not apply to any related civil claim or cause of action arising from such acts.  Nothing in this section shall be construed to require that a criminal charge be brought or a criminal conviction be obtained as a condition 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.

     § 4.  Subdivision 8 of section 215 of the civil practice law and rules, as added by chapter 95 of the laws of 1983, is amended to read as follows:

     8.  (a) Whenever it is shown that a criminal action against the same defendant has been commenced with respect to the event or occurrence from which a claim governed by this section arises, the plaintiff shall have at least one year from the termination of the criminal action as defined in section 1.20 of the criminal procedure law in which to commence the civil action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.

     (b) Whenever it is shown that a criminal action against the same defendant has been commenced with respect to the event or occurrence from which a claim governed by this section arises, and such criminal action is for rape in the first degree as defined in section 130.35 of the penal law, or criminal sexual act in the first degree as defined  in section 130.50 of the 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, the plaintiff shall have at least five years from the termination of the criminal action as defined in section 1.20 of the criminal procedure law in which to commence the civil action, notwithstanding that the time in which to commence such action has already expired or has less than a year remaining.

     § 5. This act shall take effect immediately and:

     (a) sections one and two of this act shall apply to offenses committed on and after such date as well as to offenses committed prior thereto, provided that such sections one and two of this act shall not apply to offenses committed prior to such date on which the prosecution thereof was barred under the provisions of section 30.10 of the criminal procedure law in effect immediately prior to such date; and

     (b) sections three and four of this act shall apply to acts  committed on and after such date as  well as to acts committed prior thereto, provided that such section three of this act shall not apply to acts committed prior to such date where the commencement of an action thereon was barred under the provisions of article 2 of the civil practice law and rules in effect immediately prior to such date.

The Legislature of the STATE OF NEW YORK ss:

     Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

            JOSEPH L. BRUNO                                           SHELDON SILVER

   Temporary President of the Senate            Speaker of the Assembly