S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7688

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 30, 2013
                               ___________

Introduced  by  M.  of  A.  HIKIND, CURRAN, GABRYSZAK, GRAF, McLAUGHLIN,
  MONTESANO, RA, ROBERTS, SALADINO, SCARBOROUGH,  WEISENBERG  --  Multi-
  Sponsored by -- M. of A. ABBATE, ARROYO, BARCLAY, MOSLEY, PERRY, SWEE-
  NEY -- read once and referred to the Committee on Codes

AN  ACT  to amend the criminal procedure law, in relation to the timeli-
  ness of prosecutions for certain sex offenses; and to amend the  civil
  practice  law  and rules, in relation to the timeliness for commencing
  certain civil actions related to sex offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, 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 offense as
defined in article one hundred thirty of the  penal  law,  [other  than]
INCLUDING  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[,] AND second [or third] degree as defined
in sections 255.27[,] AND 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  [eighteen] TWENTY-FIVE or the offense is reported to a law
enforcement agency or statewide central  register  of  child  abuse  and
maltreatment, whichever occurs earlier.
  S  2.  The  opening paragraph of section 208 of the civil practice law
and rules is designated subdivision (a) and a  new  subdivision  (b)  is
added to read as follows:
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
WITH  RESPECT  TO  ALL  CIVIL  CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
PERSON AGAINST A PERSON WHO HIMSELF OR HERSELF  ENGAGED  IN  ACTS  WHICH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10386-01-3
              

A. 7688                             2

WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.26 OR 255.27 OF THE PENAL
LAW  COMMITTED  AGAINST  A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE
USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION  263.05  OF
THE  PENAL LAW, OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT
THE TIME OF THE ACT, WHICH CONDUCT WAS COMMITTED AGAINST  A  CHILD  LESS
THAN  EIGHTEEN YEARS OF AGE, FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY
OR CONDITION SUFFERED AS A RESULT OF THE ABOVE MENTIONED ACTS, THE  TIME
WITHIN  WHICH  THE  ACTION  MUST BE COMMENCED SHALL BE EXTENDED TO SEVEN
YEARS AFTER THE PERSON REACHES THE AGE OF TWENTY-THREE YEARS.
  S 3. This act shall take effect immediately.