Extends the statute of limitations in criminal and civil actions for certain sex offenses committed against a child less than eighteen years of age

Summary of provisions

Section one of the bill amends the Criminal Procedure Law to increase the criminal statute of limitation for the prosecution of certain sex offenses committed against a child under the age of eighteen, for incest against a child less then eighteen years of age or the use of a child in a sexual performance. The period of limitation would not begin to run until the child reaches the age of 23 years or the offense is reported to a law enforcement agency or the statewide central register of child abuse and maltreatment.

Section two of the bill would extend the civil statute of limitation for causes of action to remedy injuries or conditions suffered as a result of conduct which would 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 255.25, 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. Such an action must be commenced when one knows or should have known that the criminal act cause injury within three years of the discovery of the injury.

Section three of the bill would revive expired civil causes of action based on conduct which would 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 255.25, 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. Persons for whom the right to bring a civil action has been foreclosed because of the current civil statute of limitations bar would be given a one-year "window period" from the date of enactment of the bill, regardless of their age, in which to bring an action to recover damages for any past instance of child sexual abuse. Prior to the commencement of the

action, the plaintiff must obtain a certificate of merit by a mental health expert that states in reasonable detail the facts and opinions relied upon for concluding that the plaintiff was 3 victim of sexual abuse. The complaint shall be accompanied by a certificate of merit as described in subdivision (c) of this section.

Section four of the bill states that the notice of claim provisions for a city, county, town, village, fire district or school district outlined in Section 50 of the general municipal law will not apply to 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.

Section 5 of the bill is a savings clause.

Section six of the bill is the effective date. The bill would take effect immediately but section three which revives expired claims would take effect 60 days after becoming law.

Justification

Sex crimes, particularly those committed against children, are among the most heinous and deeply disturbing in our society. They are crimes that leave life-long scars, multiple victims and require an all encompassing strategy to combat. This proposal would extend the authority to prosecute and to bring a civil lawsuit for damages in child sexual abuse cases in three significant ways, regardless of whether or not DNA evidence is available. This bill will provide a remedy for those whose lives have been unalterably changed by -he horror of childhood sexual abuse. victims of these horrific crimes will get their day in court and be able to seek the justice they have been denied.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately, with provisions.