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- Referred to codes
- Referred to codes
Companion bill
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Extends the statute of limitations in criminal and civil actions for certain sex offenses committed against a child less than eighteen years of age
In Assembly Committee · Codes · Sponsor Michael G. Miller
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S3744
Title of bill
An act to amend the criminal procedure law, in relation to the timeliness of prosecutions for certain sex offenses; to amend the civil practice law and rules, in relation to the timeliness for commencing certain civil actions related to sex offenses; and to amend the general municipal law, in relation to claims against a city, county, town, village, fire district or school district
Purpose
The bill amends the criminal Procedure Law and the civil Practice Law and Rules to extend the statute of limitations for criminal and civil actions for sex offenses under article one hundred thirty of the Penal Law committed against a child less than eighteen years of age, for incest against a child less then eighteen years of age or the use of a child in a sexual performance.
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
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.