What's happening
This bill removes the statute of limitations for prosecuting certain child sexual assault crimes in New York.
Why it matters
Expands the window for justice. By removing the statute of limitations for prosecuting a broad list of child sexual assault crimes, victims can come forward at any time, even decades after the abuse, without fear that their case is “too old” to be prosecuted.
Addresses trauma and delayed reporting. Many survivors of child sexual abuse wait years—sometimes well into adulthood—before disclosing what happened. The bill recognizes this reality and removes a major legal barrier to seeking accountability.
Covers a wide range of offenses. The bill doesn’t just affect the most severe charges (like first-degree rape), but also includes crimes such as third-degree rape, various degrees of sexual abuse, use of a child in a sexual performance, and more, greatly broadening who can be prosecuted without time limits.
Shifts legal landscape for perpetrators and institutions. By allowing prosecution at any time, the bill puts potential abusers and any institutions that may have protected them on notice—there is no longer a legal expiration date for criminal responsibility in these cases.
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Who cares
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End Child Assault Time Limits
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History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8745
2019-2020 Regular Sessions
IN ASSEMBLY
November 25, 2019
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to removing statute of limitations for certain child sexual assault crimes; and to repeal paragraph (e) of subdivision 3 of section 30.10 of such law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the criminal procedure law, as amended by chapter 315 of the laws of 2019, is amended to read as follows:
(a) A prosecution for a class A felony, or rape in the third degree as defined in subdivision two of section 130.25 of the penal law, or rape in the second degree as defined in subdivision one of section 130.30 of the penal law, or rape in the first degree as defined in section 130.35 of the penal law, or criminal sexual act in the third degree as defined in subdivision two of section 130.40 of the penal law, or criminal sexual act in the second degree as defined in subdivision one of section 130.45 of the penal law, or a crime defined or formerly defined in section 130.50 of the penal law, or sexual abuse in the second degree as defined in subdivision two of section 130.60 of the penal law, or sexual abuse in the first degree as defined in subdivisions three and four of section 130.65 of the penal law, or aggravated sexual abuse in the fourth degree as defined in paragraph (a) of subdivision one of section 130.65-a of the penal law, or aggravated sexual abuse in the third degree as defined in paragraph (c) of subdivision one of section 130.66 of the penal law, or aggravated sexual abuse in the second degree as defined in paragraph (c) of subdivision one of section 130.67 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 against a child in the first degree as defined in section 130.75 of the penal law,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14108-01-9
A. 8745 2
or course of sexual conduct against a child in the second degree as defined in section 130.80 of the penal law, or predatory sexual assault against a child as defined in section 130.96 of the penal law, or incest in the first degree as defined in section 255.27 of the penal law, or use of a child in a sexual performance as defined in section 263.05 of the penal law, may be commenced at any time;
§ 2. Paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, as amended by chapter 11 of the laws of 2019, is amended to read as follows:
(f) [For purposes of 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,] A prosecution for 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 twenty-three or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.
§ 3. Paragraph (e) of subdivision 3 of section 30.10 of the criminal procedure law is REPEALED.
§ 4. 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.