What's happening
This bill extends the statutes of limitations for prosecuting and filing civil actions for certain sex crimes in New York.
Why it matters
Expands the window for criminal prosecution. By lengthening or removing time limits for prosecuting a range of sex crimes—including first-degree rape, incest, and crimes against children—this bill allows victims more time to seek justice, especially those who may take years to come forward due to trauma or fear.
Broadens civil lawsuit eligibility and timeframe. The bill increases the statute of limitations for bringing civil actions related to certain sexual offenses from five to twenty years, and allows claims against any party whose intentional or negligent actions contributed to the abuse, not just the direct perpetrator.
Covers more offenses and scenarios. The amendments include additional offenses such as various degrees of rape, criminal sexual acts, and incest, making it possible to prosecute or sue for a wider range of sexually based crimes that may have previously fallen outside the statute of limitations.
Applies retroactively in some cases. The changes apply not just to future incidents, but also to past offenses where the prior statute of limitations hasn’t yet expired, potentially reopening avenues for justice in cases that would soon become time-barred.
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Who cares
Survivors of specified sex crimes
The bill would allow 20 years to bring covered civil injury claims, expand the offenses covered and permit suits against parties whose intentional or negligent conduct allegedly enabled the offenses.
District attorneys and law enforcement agencies
The bill would eliminate the prosecution deadline for first-degree incest and set longer filing periods for specified second- and third-degree sex crimes, including a reporting-based deadline for certain second-degree offenses.
Organizations and individuals facing negligence claims
The bill would expand covered civil suits beyond perpetrators and criminally liable participants to any party whose acts or omissions allegedly resulted in the sexual conduct.
People accused of covered sex crimes
The bill’s new deadlines would apply to future conduct and past conduct for which the applicable statute of limitations has not yet expired.
Headline styles
Extend Sex Crime Deadlines
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to rules
Companion bills
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 Sex Crime Time Limits
Assembly Floor Calendar · Sponsor Aravella Simotas
Extend Sex Crime Lawsuits
In Assembly Committee · Codes · Sponsor Aravella Simotas
Extend Sex Crime Time Limits
Signed by Governor · Sponsor Alessandra Biaggi
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6546
2019-2020 Regular Sessions
IN SENATE
June 15, 2019
Introduced by Sen. BIAGGI -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to statutes of limitations for certain sex crimes
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 467 of the laws of 2008, is amended to read as follows:
(a) A prosecution for a class A felony, or rape in the first degree as defined in section 130.35 of the penal law, or a crime defined or formerly 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 against a child in the first degree as defined in section 130.75 of the penal law, or incest in the first degree as defined in section 255.27 of the penal law may be commenced at any time;
§ 2. Subdivision 2 of section 30.10 of the criminal procedure law is amended by adding two new paragraphs (a-1) and (a-2) to read as follows:
(a-1) A prosecution for rape in the second degree as defined in subdivision two of section 130.30 of the penal law, or criminal sexual act in the second degree as defined in subdivision two of section 130.45 of the penal law, or incest in the second degree as defined in section 255.26 of the penal law (where the crime committed is rape in the second degree as defined in subdivision two of section 130.30 of the penal law or criminal sexual act in the second degree as defined in subdivision two of section 130.45) must be commenced within twenty years after the commission thereof or within ten years from when the offense is first reported to law enforcement, whichever occurs earlier;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13409-02-9
S. 6546 2
(a-2) A prosecution for rape in the third degree as defined in subdivision one or three of section 130.25 of the penal law, or criminal sexual act in the third degree as defined in subdivision one or three of section 130.40 of the penal law must be commenced within ten years after the commission thereof;
§ 3. 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. Notwithstanding any other limitation set forth in this article, [a] except as provided in subdivision (b) of section two hundred eight of this article, all civil [claim or cause] claims or causes of action [to recover from a defendant as hereinafter defined,] brought by any person for physical, psychological or other injury or condition suffered by [a] such person as a result of [acts by such defendant of] conduct which would constitute rape in the first degree as defined in section 130.35 of the penal law, or rape in the second degree as defined in subdivision two of section 130.30 of the penal law, or rape in the third degree as defined in subdivision one or three of section 130.25 of the penal law, or criminal sexual act in the first degree as defined in section 130.50 of the penal law, or criminal sexual act in the second degree as defined in subdivision two of section 130.45 of the penal law, or criminal sexual act in the third degree as defined in subdivision one or three of section 130.40 of the penal law, or incest in the first degree as defined in section 255.27 of the penal law, or incest in the second degree as defined in section 255.26 of the penal law (where the crime committed is rape in the second degree as defined in subdivision two of section 130.30 of the penal law or criminal sexual act in the second degree as defined in subdivision two of section 130.45), 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 may be brought against any party whose intentional or negligent acts or omissions are alleged to have resulted in the commission of the said conduct, within [five] twenty years. [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.
§ 4. This act shall take effect immediately and shall apply to acts or omissions occurring on or after such effective date and to acts or omissions occurring prior to such effective date where the applicable statute of limitations in effect on the date of such act or omission has not yet expired.
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 statutes of limitations for certain sex crimes
Purpose or general idea of bill
To expand the civil and criminal statutes of limitations for rape and certain other sex crimes.
Summary of provisions
Section one eliminates the statute of limitations for incest in the first degree.
Section two expands the criminal statutes of limitations for rape in the second degree, criminal sexual act in the second degree, and incest in the second degree to 20 years, or ten years from when the crime is first reported to law enforcement, whichever is earlier; and lengthens the statute of limitations for rape in the third degree and criminal sexual act in the third degree to ten years.
Section three expands the civil statute of limitations for claims stem- ming from rape in the second degree, rape in the third degree, criminal sexual act in the second degree, criminal sexual act in the third degree, incest in the first degree and incest in the second degree to 20 years.
Section four establishes the effective date.
Justification
New York has been a leader when it comes to women's justice. In 2015, the "Enough is Enough" Law was passed to combat sexual assault on college campuses. In 206, legislation was passed to require timely test- ing of sexual offense evidence collection kits and in 2018, sexual offense evidence kit retention was increased from 30 days to 20 years.
However, as forward-thinking as our great state has been, we have still fallen short for so many regarding the statute of limitations for rape and criminal sexual act cases. Under current law, a ticking clock is imposed on how long victims are able to come forward if they want to seek charges. Unfairly, sexual violence perpetrators may never be prose- cuted because the clock runs against the trauma of victims and the culture of silence around these offenses, not the offender's reprehensi- ble crimes.
While New York has expanded the statute of limitations for Rape in the First Degree and Criminal Sexual Act in the First Degree, a five-year statute of limitations remains in effect for Rape and Criminal Sexual Act in the Second and Third Degrees, as well as Incest in the First and Second Degrees. We can do better. Lengthening the criminal and civil statutes of limitations for these crimes will put New York in line with the many states across the nation that have lengthened or eliminated the statutes of limitations for these crimes and truly allow victims the full opportunity to obtain justice.
Prior legislative history
New bill
Fiscal implications
None.
Effective date
This act shall take effect immediately and shall apply to acts or omis- sions occurring on or after such effective date where the statute of limitations in effect on the date of such act or omission has not yet expired.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.