What's happening
This bill removes the statute of limitations for criminal and civil actions involving sex offenses committed against minors in New York.
Why it matters
Removes time barriers for survivors. By allowing criminal and civil cases involving child sexual abuse to be brought "at any time," the bill ensures that survivors who were previously unable to seek justice due to time limits now have expanded opportunities, regardless of how much time has passed since the abuse.
Affects a wide range of offenses. The removal of the statute of limitations applies not only to rape or aggravated sexual abuse, but also to all sex offenses against minors as defined in New York law, including incest and the use of a child in a sexual performance, capturing a broad spectrum of abuses.
Supports civil claims independent of criminal prosecution. The bill clarifies that survivors can pursue civil lawsuits against abusers even if no criminal charges were ever filed or proven, making it easier for survivors to seek compensation or accountability through the civil system.
Shifts power dynamics in favor of victims. By eliminating procedural barriers that often shield perpetrators due to delays in reporting (which are common in child sex abuse cases), the legislation prioritizes the needs and realities of survivors over the legal protections previously afforded to abusers by time limits.
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End Sex Abuse Time Limits
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History
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10891
IN ASSEMBLY
May 25, 2018
Introduced by M. of A. SMITH -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to removing the statute of limitations in criminal and civil actions involving sex offenses committed against a minor
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. 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, is amended to read as follows:
(f) [For purposes of a] A prosecution involving a sexual offense as defined in article one hundred thirty of the penal law, other than a sexual offense delineated in paragraph (a) of subdivision two of this section, committed against a child less than eighteen years of age, incest in the first, second or third degree as defined in sections 255.27, 255.26 and 255.25 of the penal law committed against a child less than eighteen years of age, or use of a child in a sexual performance as defined in section 263.05 of the penal law[, the period of limitation 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 central register of child abuse and maltreatment, whichever occurs earlier] may be commenced at any time.
§ 2. Section 213-c of the civil practice law and rules, as added by chapter 3 of the laws of 2006, is amended to read as follows:
§ 213-c. Action by victim of conduct constituting certain sexual offenses. (a) Notwithstanding any other limitation set forth in this article, a civil claim or cause of action to recover from a defendant as hereinafter defined, for physical, psychological or other injury or condition suffered by a person as a result of acts by such defendant of rape in the first degree as defined in section 130.35 of the penal law, or criminal sexual act in the first degree as defined in section 130.50 of the penal law, or aggravated sexual abuse in the first degree as defined in section 130.70 of the penal law[, or course of sexual conduct
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05664-01-7
A. 10891 2
against a child in the first degree as defined in section 130.75 of the penal law] may be brought within five years.
(b) Notwithstanding the provisions of subdivision (a) of this section, or any other provision of law to the contrary all civil claims or causes of action brought by any person for physical, psychological or other injury or condition 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, or a predecessor statute that prohibited such conduct at the time of the act, which conduct was committed against a child less than eighteen years of age, such action may be commenced at any time.
(c) As used in this section, the term "defendant" shall mean only a person who commits the acts described in this section or who, in a criminal proceeding, could be charged with criminal liability for the commission of such acts pursuant to section 20.00 of the penal law and shall not apply to any related civil claim or cause of action arising from such acts. Nothing in this section shall be construed to require that a criminal charge be brought or a criminal conviction be obtained as a condition of bringing a civil cause of action or receiving a civil judgment pursuant to this section or be construed to require that any of the rules governing a criminal proceeding be applicable to any such civil action.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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