What's happening
This bill extends and clarifies statutes of limitations for prosecuting and suing over certain sex crimes, including rape and incest.
Why it matters
Broadens the window for both criminal prosecution and civil lawsuits. Survivors of sexual offenses—including various degrees of rape, criminal sexual acts, and incest—have significantly more time to seek justice, which recognizes the unique challenges and delays faced by victims in coming forward.
Expands the range of offenders and responsible parties. The civil statute now explicitly allows survivors to sue not only the direct perpetrator but also any party whose intentional or negligent actions contributed to the abuse, potentially increasing institutional accountability (e.g., schools, organizations).
Removes some restrictive conditions on civil actions. The law clarifies that a criminal conviction is not required for a survivor to pursue civil claims, making it easier for victims to seek damages even when criminal prosecution is not possible or successful.
Applies retroactively to unexpired claims. The new rules benefit survivors whose ability to sue or prosecute would otherwise have expired under previous statutes, potentially reopening avenues to justice for older cases.
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Who cares
Headline styles
Extend Sex Crime Time Limits
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Signed chap.315
- Delivered to governor
- Returned to senate
- Passed assembly
- Ordered to third reading rules cal.539
- Substituted for A8412
- Referred to codes
- Delivered to assembly
- Passed senateVote 59–3
- Ordered to third reading cal.1660
- Referred to rules
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 Sex Crime Time Limits
Assembly Floor Calendar · Sponsor Aravella Simotas
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6574
2019-2020 Regular Sessions
IN SENATE
June 16, 2019
Introduced by Sen. BIAGGI -- (at request of the Governor) -- 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.
LBD12033-01-9
S. 6574 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 of the bill
This bill would amend the Criminal Procedure Law (CPL) and the Civil Practice Law and Rules (CPLR) to increase the time periods in which a prosecution for rape in the second or third degree, criminal sexual act in the second and third degree or incest in the first and second degree may be commenced and increase the time in which a civil suit may be brought;
Existing law
Currently, a prosecution for rape in the second or third degree or crim- inal sexual act in the second and third degree must be commenced within five years of the commission of the offense. A civil suit must be brought within 5 years unless the victim is a child, in which case a civil suit may be brought until the victim reaches the age of 55.
Statement in support
Statutes of limitations on sexual offense cases impose a ticking clock on how long victims are able to come forward if they want to seek charg- es. For crimes of sexual violence in particular, the clock ticks against the trauma and culture of silence that prevents victims from speaking out.
Over the last year, victims who have suffered in silence for decades have bravely spoken about their abuse, and have also laid bare the state's limited ability to prosecute their abusers due to the passage of time. In recognition of this fact, states across the country are length- ening or eliminating the statutes of limitations on crimes of sexual violence. While New York removed the statute of limitations for rape or criminal sexual act in the first degree, a five year statute of limita- tions remains for rape in the second and third degree and criminal sexu- al act in the second and third degree.
This bill would extend the statute of limitations to twenty years for rape in the second degree and criminal sexual act in the second degree, to ten years for rape in the third degree and criminal sexual act in the third degree, and would make conforming changes to incest in the first and second degrees. Further, this bill would increase the time period in which the victim could bring a civil suit for these offenses to twenty years.
Budget implications
None.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.