What's happening
This bill extends the statute of limitations for prosecuting and suing over childhood sexual abuse or exploitation to fifteen years.
Why it matters
Expands accountability. By extending the time to prosecute or sue for childhood sexual abuse and exploitation, this bill increases the window for survivors to seek justice, often necessary due to the trauma and delayed reporting common in such cases.
Covers related crimes and conspiracies. The bill explicitly includes not just direct sexual abuse, but also felony conspiracies and efforts to hinder prosecution, broadening liability to those who enable or conceal abuse.
Reduces burden of proof for survivors. Victims filing civil lawsuits are not required to identify which specific act in a series caused their injury, recognizing the complex nature of ongoing abuse and making it easier to bring a case forward.
Applies retroactively. The new statute of limitations applies to all cases filed after the law takes effect, no matter when the abuse occurred, potentially reopening legal options for many whose claims would otherwise be time-barred.
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Who cares
Headline styles
Extend Abuse Reporting Deadline
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Abuse Reporting Window
In Assembly Committee · Codes · Sponsor Rodneyse Bichotte Hermelyn
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3435
2017-2018 Regular Sessions
IN SENATE
January 23, 2017
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
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
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 prosecution involving a [sexual] sex 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, a felony conspiracy to commit one of these crimes under article one hundred five of the penal law or a felony for hindering the prosecution of one of these crimes pursuant to section 205.60 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, and thereafter such prosecution shall be commenced within fifteen years.
§ 2. The civil practice law and rules is amended by adding a new section 214-g to read as follows:
§ 214-g. Actions based on childhood sexual abuse or exploitation. 1. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01294-01-7
S. 3435 2
abuse or exploitation shall be commenced within fifteen years of the act alleged to have caused the injury or condition.
2. The injured party need not establish which act, in a series of continuing acts of childhood sexual abuse or exploitation, caused the injury or condition that is the subject of the suit.
3. As used in this section, "childhood sexual abuse or exploitation" means any act committed by the perpetrator against the injured party which act occurred when the injured party was an infant and which act would have been proscribed by article one hundred thirty of the penal law, or which act would have constituted incest as defined in section 255.25, 255.26 or 255.27 of the penal law, or which act would have constituted the use of a child in a sexual performance as defined in section 263.05 of the penal law, or which act would have violated any prior law of this state of similar effect at the time the act was committed.
4. This section shall apply to all causes of action commenced on or after the effective date of this section, regardless of when the cause of action arose.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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-g 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
2015-2016: S.1492- Referred to Codes 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.