What's happening
This bill extends the statute of limitations for prosecuting or filing civil suits for childhood sexual abuse or exploitation to fifteen years.
Why it matters
Expands accountability. By extending the statute of limitations to fifteen years for both criminal prosecution and civil lawsuits, the bill allows more survivors of childhood sexual abuse or exploitation to seek justice, acknowledging that trauma often delays reporting.
Broadens covered offenses. The bill now explicitly includes felony conspiracy and hindering prosecution related to these crimes, meaning individuals who helped commit or cover up abuse can also be prosecuted within the extended timeframe.
Supports survivors in complex cases. In civil suits, survivors do not need to pinpoint which specific act in a series of ongoing abuses caused their injury—making it easier to bring claims in situations where abuse was repeated or difficult to distinguish over time.
Applies retroactively. The changes apply to all lawsuits filed after the law takes effect, no matter when the underlying abuse occurred, potentially reopening the door for previously time-barred claims.
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Who cares
Headline styles
Extend Abuse Lawsuit Deadline
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2723
2019-2020 Regular Sessions
IN ASSEMBLY
January 25, 2019
Introduced by M. of A. BICHOTTE, PICHARDO, MOSLEY -- Multi-Sponsored by -- M. of A. COOK -- 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 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.
LBD00041-01-9
A. 2723 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.