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

2 Co-sponsors

• Tony Avella
• Kevin S. Parker

BILL NUMBER:S6434B

Title of bill

An act to amend the criminal procedure law, in relation to the timeliness of prosecutions for certain sex offenses; and to amend the civil practice law and rules, in relation to the timeliness for commencing certain civil actions related to sex offenses

Purpose

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 specific provisions

Section one amends paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, as separately amended by chapters 3 and 320 of the laws of 2006.

Section two amends the opening paragraph of section 208 of the civil practice law and rules is designated subdivision (a) and a new subdivision (b) is added.

Section three amends the civil practice law and rules by adding a new section 214-f.

Section four of the bill is a severability clause.

Section five is the effective date.

Justification

Sexual abuse crimes against children are often going unreported until the victim becomes an adult. The current law structure in New York State restricts victims from filing their grievances in both criminal and civil court after he/she reaches 25 years of age. The bill would also going forward remove the 90 day notice of claims requirement against public institutions involved with the sexual abuse claim. This bill provides victims of certain sexual abuse crimes with greater opportunities to seek redress for crimes committed against them.

Legislative history

New bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately, provided that section three of this act shall take effect on the sixtieth day after this act shall have become a law.