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 action would have to be commenced within five years after the child reaches the age of 23 years. Under current law, the criminal statute of limitations in child sexual abuse cases in which a victim does not report the crime to law enforcement is not applied until the victim reaches age 18. This bill would add five years to the statute; so that the five year statute of limitations in such cases would not begin to run until the victim turned age 23 (extending the time for prosecution until a child victim reached age 28).

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 cur-rent civil statute of limitations bar would be given a one-year "window period" from the date of enactment of the bill. To recover

damages for any past instance of child sexual abuse the civil claim must be commenced within forty years of the effective date of this section or commenced within forty years of such child reaching the age of eighteen years. 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 a victim of sexual abuse. The complaint shall be accompanied by a certificate of merit as described in subdivision (c) of this section.

Section four would removes notice of claim as condition precedent.

Section five of the bill is a savings clause.

Section six of the bill is the effective date. The bill would take effect immediately.

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 the 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

2009-10: S5893A/A.2596C (Markey) - Defeated by Codes Committee/Codes A.11723/S.8053 - June 20, 2006 Passed in the Assembly A.4560/S.4614 - June 4, 2007 Passed in the Assembly A.4560B/S.4614A - June 11, 2008 Passed in the Assembly

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately.