Extends the statute of limitations for childhood sexual abuse or exploitation

BILL NUMBER:S1492

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 limitations 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 enforcement agency or statewide register of child abuse or maltreatment, whichever 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 any 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 statute 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

2013-2014: S.5431 -Died in Codes 2011-2012: A.2796 -Died in Codes 2009-2010: A.3215 -Died in Codes 2007-2008: A.5242 -Died in Codes 2005-2006: A.3397 -Died in Codes 2003-2004: A.8767 -Died in Codes

Fiscal implications

None

Effective date

This act shall take effect immediately.