Bill Text: NY S06099 | 2023-2024 | General Assembly | Amended
Bill Title: Removes statute of limitations for certain civil actions related to child sexual assault offenses.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-05-02 - PRINT NUMBER 6099B [S06099 Detail]
Download: New_York-2023-S06099-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6099--B 2023-2024 Regular Sessions IN SENATE March 29, 2023 ___________ Introduced by Sens. HOYLMAN-SIGAL, CHU, CLEARE, FERNANDEZ, SALAZAR, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- recommitted to the Committee on Codes in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to remov- ing the statute of limitations in civil actions involving certain child sexual assault offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision (b) of section 208 of the civil practice law 2 and rules, as added by chapter 11 of the laws of 2019, is amended to 3 read as follows: 4 (b) Notwithstanding any provision of law which imposes a period of 5 limitation to the contrary and the provisions of any other law pertain- 6 ing to the filing of a notice of claim or a notice of intention to file 7 a claim as a condition precedent to commencement of an action or special 8 proceeding, with respect to all civil claims or causes of action brought 9 by any person for physical, psychological or other injury or condition 10 suffered by such person as a result of conduct which would constitute a 11 sexual offense as defined in article one hundred thirty of the penal law 12 committed against such person who was less than eighteen years of age, 13 sex trafficking as defined in section 230.34 of the penal law, sex traf- 14 ficking of a child as defined in section 230.34-a of the penal law, 15 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 16 committed against such person who was less than eighteen years of age, 17 or the use of such person in a sexual performance as defined in section 18 263.05 of the penal law, or a predecessor statute that prohibited such 19 conduct at the time of the act, which conduct was committed against such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06673-06-4S. 6099--B 2 1 person who was less than eighteen years of age, such action may be 2 commenced, against any party whose intentional or negligent acts or 3 omissions are alleged to have resulted in the commission of said 4 conduct, [on or before] by the plaintiff or infant plaintiff [reaches5the age of fifty-five years] at any time. In any such claim or action, 6 in addition to any other defense and affirmative defense that may be 7 available in accordance with law, rule or the common law, to the extent 8 that the acts alleged in such action are of the type described in subdi- 9 vision one of section 130.30 of the penal law or subdivision one of 10 section 130.45 of the penal law, the affirmative defenses set forth, 11 respectively, in the closing paragraph of such sections of the penal law 12 shall apply. 13 § 2. Section 213-c of the civil practice law and rules, as amended by 14 chapter 315 of the laws of 2019, is amended to read as follows: 15 § 213-c. Action by victim of conduct constituting certain sexual 16 offenses. (a) Notwithstanding any other limitation set forth in this 17 article, except as provided in subdivision (b) of section two hundred 18 eight of this article, all civil claims or causes of action brought by 19 any person for physical, psychological or other injury or condition 20 suffered by such person as a result of conduct which would constitute 21 rape in the first degree as defined in section 130.35 of the penal law, 22 or rape in the second degree as defined in subdivision two of section 23 130.30 of the penal law, or rape in the third degree as defined in 24 subdivision one or three of section 130.25 of the penal law, or criminal 25 sexual act in the first degree as defined in section 130.50 of the penal 26 law, or criminal sexual act in the second degree as defined in subdivi- 27 sion two of section 130.45 of the penal law, or criminal sexual act in 28 the third degree as defined in subdivision one or three of section 29 130.40 of the penal law, or incest in the first degree as defined in 30 section 255.27 of the penal law, or incest in the second degree as 31 defined in section 255.26 of the penal law (where the crime committed is 32 rape in the second degree as defined in subdivision two of section 33 130.30 of the penal law or criminal sexual act in the second degree as 34 defined in subdivision two of section 130.45), or aggravated sexual 35 abuse in the first degree as defined in section 130.70 of the penal law, 36 or course of sexual conduct against a child in the first degree as 37 defined in section 130.75 of the penal law may be brought against any 38 party whose intentional or negligent acts or omissions are alleged to 39 have resulted in the commission of the said conduct, within twenty 40 years. 41 (b) Notwithstanding the provisions of subdivision (a) of this section, 42 or any other provision of law to the contrary, all civil claims or caus- 43 es of action brought by any person for physical, psychological or other 44 injury or condition suffered as a result of conduct which would consti- 45 tute a sexual offense as defined in article one hundred thirty of the 46 penal law committed against a child less than eighteen years of age, 47 incest as defined in section 255.25, 255.26 or 255.27 of the penal law 48 committed against a child less than eighteen years of age, or the use of 49 a child in a sexual performance as defined in section 263.05 of the 50 penal law, or a predecessor statute that prohibited such conduct at the 51 time of the act, which conduct was committed against a child less than 52 eighteen years of age, such action may be commenced at any time. 53 (c) Nothing in this section shall be construed to require that a crim- 54 inal charge be brought or a criminal conviction be obtained as a condi- 55 tion of bringing a civil cause of action or receiving a civil judgment 56 pursuant to this section or be construed to require that any of theS. 6099--B 3 1 rules governing a criminal proceeding be applicable to any such civil 2 action. 3 § 2-a. Section 213-c of the civil practice law and rules, as amended 4 by chapter 23 of the laws of 2024, is amended to read as follows: 5 § 213-c. (a) Action by victim of conduct constituting certain sexual 6 offenses. Notwithstanding any other limitation set forth in this arti- 7 cle, except as provided in subdivision (b) of section two hundred eight 8 of this article, all civil claims or causes of action brought by any 9 person for physical, psychological or other injury or condition suffered 10 by such person as a result of conduct which would constitute rape in the 11 first degree as defined in section 130.35 of the penal law, or rape in 12 the second degree as defined in subdivision four, five or six of section 13 130.30 of the penal law, or rape in the second degree as defined in 14 former subdivision two of section 130.30 of the penal law, or rape in 15 the third degree as defined in subdivision one, two, three, seven, eight 16 or nine of section 130.25 of the penal law, or a crime formerly defined 17 in section 130.50 of the penal law, or a crime formerly defined in 18 subdivision two of section 130.45 of the penal law, or a crime formerly 19 defined in subdivision one or three of section 130.40 of the penal law, 20 or incest in the first degree as defined in section 255.27 of the penal 21 law, or incest in the second degree as defined in section 255.26 of the 22 penal law (where the crime committed is rape in the second degree as 23 defined in subdivision four, five or six of section 130.30 of the penal 24 law, or rape in the second degree as formerly defined in subdivision two 25 of section 130.30 of the penal law, or a crime formerly defined in 26 subdivision two of section 130.45 of the penal law), or aggravated sexu- 27 al abuse in the first degree as defined in section 130.70 of the penal 28 law, or course of sexual conduct against a child in the first degree as 29 defined in section 130.75 of the penal law may be brought against any 30 party whose intentional or negligent acts or omissions are alleged to 31 have resulted in the commission of the said conduct, within twenty 32 years. 33 (b) Notwithstanding the provisions of subdivision (a) of this section, 34 or any other provision of law to the contrary, all civil claims or caus- 35 es of action brought by any person for physical, psychological or other 36 injury or condition suffered as a result of conduct which would consti- 37 tute a sexual offense as defined in article one hundred thirty of the 38 penal law committed against a child less than eighteen years of age, 39 incest as defined in section 255.25, 255.26 or 255.27 of the penal law 40 committed against a child less than eighteen years of age, or the use of 41 a child in a sexual performance as defined in section 263.05 of the 42 penal law, or a predecessor statute that prohibited such conduct at the 43 time of the act, which conduct was committed against a child less than 44 eighteen years of age, such action may be commenced at any time. 45 (c) Nothing in this section shall be construed to require that a crim- 46 inal charge be brought or a criminal conviction be obtained as a condi- 47 tion of bringing a civil cause of action or receiving a civil judgment 48 pursuant to this section or be construed to require that any of the 49 rules governing a criminal proceeding be applicable to any such civil 50 action. 51 § 3. Section 214-g of the civil practice law and rules, as amended by 52 chapter 130 of the laws of 2020, is amended to read as follows: 53 § 214-g. Certain child sexual abuse cases. Notwithstanding any 54 provision of law which imposes a period of limitation to the contrary 55 and the provisions of any other law pertaining to the filing of a notice 56 of claim or a notice of intention to file a claim as a condition prece-S. 6099--B 4 1 dent to commencement of an action or special proceeding, every civil 2 claim or cause of action brought against any party alleging intentional 3 or negligent acts or omissions by a person for physical, psychological, 4 or other injury or condition suffered as a result of conduct which would 5 constitute a sexual offense as defined in article one hundred thirty of 6 the penal law committed against a child less than eighteen years of age, 7 sex trafficking as defined in section 230.34 of the penal law, or sex 8 trafficking of a child as defined in section 230.34-a of the penal law, 9 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 10 committed against a child less than eighteen years of age, or the use of 11 a child in a sexual performance as defined in section 263.05 of the 12 penal law, or a predecessor statute that prohibited such conduct at the 13 time of the act, which conduct was committed against a child less than 14 eighteen years of age, which is barred as of the effective date of this 15 section because the applicable period of limitation has expired, and/or 16 the plaintiff previously failed to file a notice of claim or a notice of 17 intention to file a claim, is hereby revived, and action thereon may be 18 commenced [not earlier than six months after, and not later than two19years and six months after the effective date of this section] at any 20 time. In any such claim or action: (a) in addition to any other defense 21 and affirmative defense that may be available in accordance with law, 22 rule or the common law, to the extent that the acts alleged in such 23 action are of the type described in subdivision one of section 130.30 of 24 the penal law or subdivision one of section 130.45 of the penal law, the 25 affirmative defenses set forth, respectively, in the closing paragraph 26 of such sections of the penal law shall apply; and (b) dismissal of a 27 previous action, ordered before the effective date of this section, on 28 grounds that such previous action was time barred, and/or for failure of 29 a party to file a notice of claim or a notice of intention to file a 30 claim, shall not be grounds for dismissal of a revival action pursuant 31 to this section. 32 § 4. This act shall take effect immediately; provided, however, that 33 section two-a of this act shall take effect on the same date and in the 34 same manner as chapter 23 of the laws of 2024 takes effect.
