S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3210
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Codes
 
 AN ACT to amend the criminal procedure law, the penal  law,  the  social
   services  law,  and  the  civil practice law and rules, in relation to
   enacting the Child Sexual Abuse Reform Act; providing for  the  elimi-
   nation  and  extending  of  certain statutes of limitations related to
   sexual offenses against children, the expansion of reporting  require-
   ments  in  cases  of  such  offenses, and the expansion of the central
   child abuse and maltreatment register; and providing for the repeal of
   certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be known and may be cited as the "Child
 Sexual Abuse Reform Act".
   § 2. Subdivision 3 of section 30.10 of the criminal procedure  law  is
 amended by adding a new paragraph (h) to read as follows:
   (H)  A  PROSECUTION  FOR  THE  OFFENSE OF HINDERING PROSECUTION IN THE
 THIRD DEGREE AS DEFINED IN SECTION 205.55 OF THE  PENAL  LAW,  HINDERING
 PROSECUTION  IN  THE  SECOND  DEGREE AS DEFINED IN SECTION 205.60 OF THE
 PENAL LAW, AND HINDERING PROSECUTION IN THE FIRST DEGREE AS  DEFINED  IN
 SECTION  205.65  OF  THE PENAL LAW, WHERE SUCH OFFENSE INVOLVES A SEXUAL
 OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW  WHICH
 IS  COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS
 DEFINED IN ARTICLE TWO HUNDRED FIFTY-FIVE OF  THE  PENAL  LAW  WHICH  IS
 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, MAY BE COMMENCED AT ANY TIME.
   §  3.  Subdivision  7 of section 10.00 of the penal law, as amended by
 chapter 791 of the laws of 1967, is amended to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00321-01-1

              

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   7. "Person" means a human being, and where appropriate,  a  public  or
 private  corporation,  an  unincorporated  association, a partnership, A
 NONPROFIT CORPORATION, a government or a governmental instrumentality.
   § 4. Section 20.00 of the penal law is amended to read as follows:
 § 20.00 Criminal liability for conduct of another.
   When  one  person  engages  in  conduct  which constitutes an offense,
 another person is criminally liable for such conduct when,  acting  with
 the  mental  culpability  required for the commission thereof, he OR SHE
 solicits, requests, commands, importunes,  or  intentionally  aids  such
 person  to  engage  in such conduct OR, FOR AN OFFENSE LISTED IN ARTICLE
 ONE HUNDRED THIRTY OF THIS CHAPTER WHICH IS COMMITTED  AGAINST  A  CHILD
 LESS  THAN EIGHTEEN YEARS OF AGE, AFTER THE COMMISSION OF THE OFFENSE HE
 OR SHE CONCEALS OR HINDERS THE DISCOVERY OF THE OFFENSE OR  EVIDENCE  OF
 THE OFFENSE.
   §  5.  Paragraph  (h)  of subdivision 3 of section 130.05 of the penal
 law, as amended by section 2 of part G of chapter 501  of  the  laws  of
 2012, is amended to read as follows:
   (h)  a  client  or  patient and the actor is a health care provider or
 mental health care provider OR ANYONE REPRESENTING HIMSELF OR HERSELF AS
 A MEMBER OF THE CLERGY WHO PROVIDES HEALTH CARE OR  MENTAL  HEALTH  CARE
 SERVICES  charged  with  rape  in the third degree as defined in section
 130.25, criminal sexual act in the third degree as  defined  in  section
 130.40,  aggravated  sexual  abuse  in  the  fourth degree as defined in
 section 130.65-a, or sexual abuse in the  third  degree  as  defined  in
 section  130.55, and the act of sexual conduct occurs during a treatment
 session, consultation, interview, or examination; or
   § 6. The penal law is amended by adding a new section 260.09  to  read
 as follows:
 § 260.09 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
 DEGREE WHEN HE OR SHE COMMITS CONDUCT WHICH IS INJURIOUS  TO  THE  PHYS-
 ICAL,  MENTAL  OR  MORAL WELFARE OF A CHILD LESS THAN SEVENTEEN YEARS OF
 AGE AND VIOLATES ANY SECTION OF ARTICLE ONE HUNDRED THIRTY OF THIS CHAP-
 TER OR SECTION 263.05 OF THIS TITLE.
   ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  E
 FELONY.
   §  7. The section heading, the opening paragraph and the closing para-
 graph of section 260.10 of the penal law, as amended by chapter  447  of
 the laws of 2010, are amended to read as follows:
   Endangering the welfare of a child IN THE SECOND DEGREE.
   A person is guilty of endangering the welfare of a child IN THE SECOND
 DEGREE when:
   Endangering  the  welfare of a child IN THE SECOND DEGREE is a class A
 misdemeanor.
   § 8. Paragraph c of subdivision 5 of section 120.40 of the penal  law,
 as amended by section 7 of part NN of chapter 55 of the laws of 2018, is
 amended to read as follows:
   c. assault in the third degree, as defined in section 120.00; menacing
 in  the  first  degree,  as  defined  in section 120.13; menacing in the
 second degree, as defined in  section  120.14;  coercion  in  the  first
 degree,  as defined in section 135.65; coercion in the second degree, as
 defined in section 135.61; coercion in the third degree, as  defined  in
 section  135.60;  aggravated harassment in the second degree, as defined
 in section 240.30; harassment in the first degree, as defined in section
 240.25; menacing in the third degree,  as  defined  in  section  120.15;
 criminal  mischief  in  the  third degree, as defined in section 145.05;

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 criminal mischief in the second degree, as defined  in  section  145.10,
 criminal  mischief  in  the  first degree, as defined in section 145.12;
 criminal tampering in the first degree, as defined  in  section  145.20;
 arson  in  the fourth degree, as defined in section 150.05; arson in the
 third degree, as defined in section 150.10;  criminal  contempt  in  the
 first degree, as defined in section 215.51; ENDANGERING THE WELFARE OF A
 CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 260.09; endangering the
 welfare  of  a child IN THE SECOND DEGREE, as defined in section 260.10;
 or
   § 9. Section 260.15 of the penal law, as amended by chapter 447 of the
 laws of 2010, is amended to read as follows:
 § 260.15 Endangering the welfare of a child; defense.
   In any prosecution for endangering the welfare of a child IN THE FIRST
 OR SECOND DEGREE, pursuant to section 260.09 OR 260.10 of this  article,
 based  upon an alleged failure or refusal to provide proper medical care
 or treatment to an ill child, it is  an  affirmative  defense  that  the
 defendant (a) is a parent, guardian or other person legally charged with
 the care or custody of such child; and (b) is a member or adherent of an
 organized church or religious group the tenets of which prescribe prayer
 as  the  principal treatment for illness; and (c) treated or caused such
 ill child to be treated in accordance with such tenets.
   § 10. Paragraph (c) of subdivision 2 of  section  422  of  the  social
 services law, as added by chapter 717 of the laws of 1986, is amended to
 read as follows:
   (c)  Whenever  a  telephone  call  to  the  statewide central register
 described in this section is received  by  the  [department]  OFFICE  OF
 CHILDREN  AND  FAMILY  SERVICES,  and [the department] SUCH OFFICE finds
 that the person allegedly responsible for abuse  or  maltreatment  of  a
 child  cannot be a subject of a report as defined in subdivision four of
 section four hundred twelve of this [chapter] TITLE, but  believes  that
 the alleged acts or circumstances against a child described in the tele-
 phone  call may constitute a crime or an immediate threat to the child's
 health or safety, [the department] SUCH OFFICE shall:  (1) convey by the
 most expedient means available the information contained in  such  tele-
 phone  call to the appropriate law enforcement agency, district attorney
 or other public official empowered to provide necessary aid  or  assist-
 ance AND, (2) INCLUDE SUCH INDIVIDUALS IN THE STATEWIDE CENTRAL REGISTER
 IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF  SUBDIVISION  THREE  OF THIS
 SECTION, AND MAKE SUCH INFORMATION ACCESSIBLE PURSUANT TO  SECTION  FOUR
 HUNDRED  TWENTY-FOUR-A  OF THIS TITLE. THE COMMISSIONER OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES SHALL PROMULGATE ANY ADDITIONAL  RULES  AND
 REGULATIONS HE OR SHE DEEMS NECESSARY IN FURTHERANCE OF THIS PARAGRAPH.
   §  11.  Subdivision  (a)  of section 208 of the civil practice law and
 rules, as designated by chapter 11 of the laws of 2019,  is  amended  to
 read as follows:
   (a)  If  a person entitled to commence an action is under a disability
 because of infancy or insanity at the time the cause of action  accrues,
 and  the time otherwise limited for commencing the action is three years
 or more and expires no later than three years after the disability ceas-
 es, or the person under the disability dies, the time within  which  the
 action  must  be  commenced  shall  be extended to three years after the
 disability ceases or the person under  the  disability  dies,  whichever
 event first occurs UNLESS SUCH ACTION IS FOR SEXUAL ASSAULT UPON A CHILD
 UNDER  ANY  SECTION OF ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW, THEN
 SUCH ACTION MAY BE COMMENCED UP TO SIX YEARS AFTER THE DISABILITY CEASES
 OR THE PERSON UNDER THE DISABILITY DIES, WHICHEVER EVENT  OCCURS  FIRST;

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 if  the  time otherwise limited is less than three years, the time shall
 be extended by the period of  disability.  The  time  within  which  the
 action  must be commenced shall not be extended by this provision beyond
 ten years after the cause of action accrues, except, in any action other
 than  for medical, dental or podiatric malpractice, where the person was
 under a disability due to infancy. This section shall not  apply  to  an
 action to recover a penalty or forfeiture, or against a sheriff or other
 officer for an escape.
   §  12.  The  civil  practice  law and rules is amended by adding a new
 section 213-e to read as follows:
   § 213-E. ACTIONS FOR SEXUAL ASSAULT OR ABUSE OF AN INFANT.    NOTWITH-
 STANDING  ANY  PROVISION  OF LAW TO THE CONTRARY, ANY CAUSE OF ACTION OF
 PHYSICAL OR PSYCHOLOGICAL INJURY SUSTAINED BY A  PERSON  UNDER  EIGHTEEN
 YEARS  OF  AGE AS A RESULT OF A SEXUAL ASSAULT OR ABUSE, WHICH IS BARRED
 BECAUSE THE STATUTE OF LIMITATIONS  HAS  EXPIRED,  IS  REVIVED,  AND  AN
 ACTION THEREON MAY BE COMMENCED WITHIN THREE YEARS OF THE EFFECTIVE DATE
 OF  THIS  SECTION.  FOR  THE PURPOSES OF THIS SECTION, SEXUAL ASSAULT OR
 ABUSE SHALL BE A SEX OFFENSE AS DEFINED UNDER ARTICLE ONE HUNDRED THIRTY
 OF THE PENAL LAW OR A PREDECESSOR STATUTE AT THE TIME OF THE ASSAULT  OR
 ABUSE.  ANY  SUCH  CAUSE  OF  ACTION PREVIOUSLY DISMISSED BECAUSE OF THE
 STATUTE OF LIMITATIONS MAY BE BROUGHT UNDER THIS SECTION NOTWITHSTANDING
 SUCH DISMISSAL. THE PROVISIONS OF THIS SECTION SHALL  BE  APPLICABLE  TO
 ANY  CIVIL  ACTION  GOVERNED  BY  THE  STATUTE OF LIMITATIONS OF ANOTHER
 JURISDICTION. ANY CAUSE OF ACTION FOR DAMAGES ARISING UNDER THIS SECTION
 SHALL NOT INCLUDE, AS PART OF THE RESOLUTION, A  CONFIDENTIALITY  CLAUSE
 OR AGREEMENT AS A MATTER OF PUBLIC POLICY.
   §  13. Paragraph (a) of subdivision 4 of section 30.10 of the criminal
 procedure law is amended to read as follows:
   (a) Any period following the commission of the  offense  during  which
 (i) the defendant was continuously outside this state or (ii) the where-
 abouts of the defendant were continuously unknown and continuously unas-
 certainable  by  the  exercise  of  reasonable diligence. However, in no
 event shall the period of limitation be extended by more than five years
 beyond the period otherwise applicable  under  subdivision  two,  EXCEPT
 THAT  AN  ACTION  FOR AN OFFENSE LISTED IN ARTICLE ONE HUNDRED THIRTY OF
 THE PENAL LAW WHICH IS COMMITTED AGAINST  A  CHILD  LESS  THAN  EIGHTEEN
 YEARS OF AGE MAY BE COMMENCED AT ANY TIME.
   §  14.  This  act shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that section 213-d  of  the  civil
 practice  law  and  rules, as added by section twelve of this act, shall
 expire and be deemed repealed three years after the  effective  date  of
 this act.