A 7258: Enacts the Child Sexual Abuse Reform Act; provides for the elimination and extension of certain statutes of limitations related to sexual offenses against children, the expansion of reporting requirements in cases of such offenses, and the expansion of the central child abuse and maltreatment register.

  
  STATE OF NEW YORK ________________________________________________________________________ 7258 2025-2026 Regular Sessions  IN ASSEMBLY March 21, 2025 ___________ 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: 1 Section 1. This act shall be known and may be cited as the "Child 2 Sexual Abuse Reform Act". 3 § 2. Subdivision 3 of section 30.10 of the criminal procedure law is 4 amended by adding a new paragraph (i) to read as follows: 5 (i) A prosecution for the offense of hindering prosecution in the 6 third degree as defined in section 205.55 of the penal law, hindering 7 prosecution in the second degree as defined in section 205.60 of the 8 penal law, and hindering prosecution in the first degree as defined in 9 section 205.65 of the penal law, where such offense involves a sexual 10 offense as defined in article one hundred thirty of the penal law which 11 is committed against a child less than eighteen years of age, incest as 12 defined in article two hundred fifty-five of the penal law which is 13 committed against a child less than eighteen years of age, or use of a 14 child in a sexual performance as defined in section 263.05 of the penal 15 law, may be commenced at any time. 16 § 3. Subdivision 7 of section 10.00 of the penal law, as amended by 17 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. LBD10260-01-5 
 A. 7258 2 1 7. "Person" means a human being, and where appropriate, a public or 2 private corporation, an unincorporated association, a partnership, a 3 nonprofit corporation, a government or a governmental instrumentality. 4 § 4. Section 20.00 of the penal law is amended to read as follows: 5 § 20.00 Criminal liability for conduct of another. 6 When one person engages in conduct which constitutes an offense, 7 another person is criminally liable for such conduct when, acting with 8 the mental culpability required for the commission thereof, [he] such 9 person solicits, requests, commands, importunes, or intentionally aids 10 such person to engage in such conduct or, for an offense listed in arti- 11 cle one hundred thirty of this chapter which is committed against a 12 child less than eighteen years of age, after the commission of the 13 offense such person conceals or hinders the discovery of the offense or 14 evidence of the offense. 15 § 5. Paragraph (h) of subdivision 3 of section 130.05 of the penal 16 law, as amended by chapter 23 of the laws of 2024, is amended to read as 17 follows: 18 (h) a client or patient and the actor is a health care provider or 19 mental health care provider or anyone representing themselves as a 20 member of the clergy who provides health care or mental health care 21 services charged with rape in the third degree as defined in section 22 130.25, a crime formerly defined in section 130.40, aggravated sexual 23 abuse in the fourth degree as defined in section 130.65-a, or sexual 24 abuse in the third degree as defined in section 130.55, and the act of 25 sexual conduct occurs during a treatment session, consultation, inter- 26 view, or examination; or 27 § 6. The penal law is amended by adding a new section 260.09 to read 28 as follows: 29 § 260.09 Endangering the welfare of a child in the first degree. 30 A person is guilty of endangering the welfare of a child in the first 31 degree when such person commits conduct which is injurious to the phys- 32 ical, mental or moral welfare of a child less than seventeen years of 33 age and violates any section of article one hundred thirty of this chap- 34 ter or section 263.05 of this title. 35 Endangering the welfare of a child in the first degree is a class E 36 felony. 37 § 7. The section heading, the opening paragraph and the closing para- 38 graph of section 260.10 of the penal law, as amended by chapter 447 of 39 the laws of 2010, are amended to read as follows: 40 Endangering the welfare of a child in the second degree. 41 A person is guilty of endangering the welfare of a child in the second 42 degree when: 43 Endangering the welfare of a child in the second degree is a class A 44 misdemeanor. 45 § 8. Paragraph c of subdivision 5 of section 120.40 of the penal law, 46 as amended by section 7 of part NN of chapter 55 of the laws of 2018, is 47 amended to read as follows: 48 c. assault in the third degree, as defined in section 120.00; menacing 49 in the first degree, as defined in section 120.13; menacing in the 50 second degree, as defined in section 120.14; coercion in the first 51 degree, as defined in section 135.65; coercion in the second degree, as 52 defined in section 135.61; coercion in the third degree, as defined in 53 section 135.60; aggravated harassment in the second degree, as defined 54 in section 240.30; harassment in the first degree, as defined in section 55 240.25; menacing in the third degree, as defined in section 120.15; 56 criminal mischief in the third degree, as defined in section 145.05; 
 A. 7258 3 1 criminal mischief in the second degree, as defined in section 145.10, 2 criminal mischief in the first degree, as defined in section 145.12; 3 criminal tampering in the first degree, as defined in section 145.20; 4 arson in the fourth degree, as defined in section 150.05; arson in the 5 third degree, as defined in section 150.10; criminal contempt in the 6 first degree, as defined in section 215.51; endangering the welfare of a 7 child in the first degree, as defined in section 260.09; endangering the 8 welfare of a child in the second degree, as defined in section 260.10; 9 or 10 § 9. Section 260.15 of the penal law, as amended by chapter 447 of the 11 laws of 2010, is amended to read as follows: 12 § 260.15 Endangering the welfare of a child; defense. 13 In any prosecution for endangering the welfare of a child in the first 14 or second degree, pursuant to section 260.09 or 260.10 of this article, 15 based upon an alleged failure or refusal to provide proper medical care 16 or treatment to an ill child, it is an affirmative defense that the 17 defendant (a) is a parent, guardian or other person legally charged with 18 the care or custody of such child; and (b) is a member or adherent of an 19 organized church or religious group the tenets of which prescribe prayer 20 as the principal treatment for illness; and (c) treated or caused such 21 ill child to be treated in accordance with such tenets. 22 § 10. Paragraph (c) of subdivision 2 of section 422 of the social 23 services law, as added by chapter 717 of the laws of 1986, is amended to 24 read as follows: 25 (c) Whenever a telephone call to the statewide central register 26 described in this section is received by the [department] office of 27 children and family services, and [the department] such office finds 28 that the person allegedly responsible for abuse or maltreatment of a 29 child cannot be a subject of a report as defined in subdivision four of 30 section four hundred twelve of this [chapter] title, but believes that 31 the alleged acts or circumstances against a child described in the tele- 32 phone call may constitute a crime or an immediate threat to the child's 33 health or safety, [the department] such office shall: (1) convey by the 34 most expedient means available the information contained in such tele- 35 phone call to the appropriate law enforcement agency, district attorney 36 or other public official empowered to provide necessary aid or assist- 37 ance and, (2) include such individuals in the statewide central register 38 in accordance with the requirements of subdivision three of this 39 section, and make such information accessible pursuant to section four 40 hundred twenty-four-a of this title. The commissioner of the office of 41 children and family services shall promulgate any additional rules and 42 regulations such commissioner deems necessary in furtherance of this 43 paragraph. 44 § 11. Subdivision (a) of section 208 of the civil practice law and 45 rules, as amended by chapter 485 of the laws of 1986 and as designated 46 by chapter 11 of the laws of 2019, is amended to read as follows: 47 (a) If a person entitled to commence an action is under a disability 48 because of infancy or insanity at the time the cause of action accrues, 49 and the time otherwise limited for commencing the action is three years 50 or more and expires no later than three years after the disability ceas- 51 es, or the person under the disability dies, the time within which the 52 action must be commenced shall be extended to three years after the 53 disability ceases or the person under the disability dies, whichever 54 event first occurs unless such action is for sexual assault upon a child 55 under any section of article one hundred thirty of the penal law, then 56 such action may be commenced up to six years after the disability ceases 
 A. 7258 4 1 or the person under the disability dies, whichever event occurs first; 2 if the time otherwise limited is less than three years, the time shall 3 be extended by the period of disability. The time within which the 4 action must be commenced shall not be extended by this provision beyond 5 ten years after the cause of action accrues, except, in any action other 6 than for medical, dental or podiatric malpractice, where the person was 7 under a disability due to infancy. This section shall not apply to an 8 action to recover a penalty or forfeiture, or against a sheriff or other 9 officer for an escape. 10 § 12. The civil practice law and rules is amended by adding a new 11 section 213-e to read as follows: 12 § 213-e. Actions for sexual assault or abuse of an infant. Notwith- 13 standing any provision of law to the contrary, any cause of action of 14 physical or psychological injury sustained by a person under eighteen 15 years of age as a result of a sexual assault or abuse, which is barred 16 because the statute of limitations has expired, is revived, and an 17 action thereon may be commenced within three years of the effective date 18 of this section. For the purposes of this section, sexual assault or 19 abuse shall be a sex offense as defined under article one hundred thirty 20 of the penal law or a predecessor statute at the time of the assault or 21 abuse. Any such cause of action previously dismissed because of the 22 statute of limitations may be brought under this section notwithstanding 23 such dismissal. The provisions of this section shall be applicable to 24 any civil action governed by the statute of limitations of another 25 jurisdiction. Any cause of action for damages arising under this section 26 shall not include, as part of the resolution, a confidentiality clause 27 or agreement as a matter of public policy. 28 § 13. Paragraph (a) of subdivision 4 of section 30.10 of the criminal 29 procedure law is amended to read as follows: 30 (a) Any period following the commission of the offense during which 31 (i) the defendant was continuously outside this state or (ii) the where- 32 abouts of the defendant were continuously unknown and continuously unas- 33 certainable by the exercise of reasonable diligence. However, in no 34 event shall the period of limitation be extended by more than five years 35 beyond the period otherwise applicable under subdivision two, except 36 that an action for an offense listed in article one hundred thirty of 37 the penal law which is committed against a child less than eighteen 38 years of age may be commenced at any time. 39 § 14. This act shall take effect on the sixtieth day after it shall 40 have become a law; provided, however, that section 213-d of the civil 41 practice law and rules, as added by section twelve of this act, shall 42 expire and be deemed repealed three years after the effective date of 43 this act.