Bill Text: NY A00648 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, revives such actions otherwise barred by the existing statute of limitations and grants trial preference to such actions; directs the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions.
Spectrum: Strong Partisan Bill (Democrat 73-7)
Status: (Introduced - Dead) 2022-05-23 - substituted by s66a [A00648 Detail]
Download: New_York-2021-A00648-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 648--A 2021-2022 Regular Sessions IN ASSEMBLY (Prefiled) January 6, 2021 ___________ Introduced by M. of A. L. ROSENTHAL, WEPRIN, ABINANTI, GLICK, SIMON, PAULIN, NIOU, HEVESI, CRUZ, EPSTEIN, WOERNER, BICHOTTE HERMELYN, FERNANDEZ, BRONSON, TAYLOR, QUART, SEAWRIGHT, HUNTER, STECK, FRONTUS, GUNTHER, PERRY, GONZALEZ-ROJAS, GALLAGHER, MAMDANI, CLARK, ANDERSON, SEPTIMO, BURDICK, DICKENS, J. D. RIVERA, SILLITTI, DARLING, DINOWITZ, FAHY, MITAYNES, RAMOS, REYES, SOLAGES, LUPARDO, KELLES, FORREST, KIM, GOTTFRIED, GALEF, BARRETT, BURGOS, STIRPE, WALLACE, WALKER, JACKSON, JACOBSON, McDONOUGH, BUTTENSCHON, McDONALD, AUBRY, DAVILA, BENEDETTO, GIBBS -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GRIFFIN -- read once and referred to the Committee on Judiciary -- recommitted to the Committee on Judiciary in accordance with Assembly Rule 3, sec. 2 -- 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 the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, reviving such actions otherwise barred by the existing statute of limitations and granting trial preference to such actions; and to amend the judiciary law, in relation to directing the chief adminis- trator of the courts to promulgate rules for the timely adjudication of certain revived actions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 section 214-j to read as follows: 3 § 214-j. Certain sexual offense actions. Notwithstanding any provision 4 of law which imposes a period of limitation to the contrary and the 5 provisions of any other law pertaining to the filing of a notice of 6 claim or a notice of intention to file a claim as a condition precedent 7 to commencement of an action or special proceeding, every civil claim or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00387-03-2A. 648--A 2 1 cause of action brought against any party alleging intentional or negli- 2 gent acts or omissions by a person for physical, psychological, or other 3 injury or condition suffered as a result of conduct which would consti- 4 tute a sexual offense as defined in article one hundred thirty of the 5 penal law committed against such person who was eighteen years of age or 6 older, or incest as defined in section 255.26 or 255.27 of the penal law 7 committed against such person who was eighteen years of age or older, 8 which is barred as of the effective date of this section because the 9 applicable period of limitation has expired, and/or the plaintiff previ- 10 ously failed to file a notice of claim or a notice of intention to file 11 a claim, is hereby revived, and action thereon may be commenced not 12 earlier than six months after, and not later than one year and six 13 months after the effective date of this section. In any such claim or 14 action, dismissal of a previous action, ordered before the effective 15 date of this section, on grounds that such previous action was time 16 barred, and/or for failure of a party to file a notice of claim or a 17 notice of intention to file a claim, shall not be grounds for dismissal 18 of a revival action pursuant to this section. 19 § 2. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice 20 law and rules, as added by chapter 11 of the laws of 2019, is amended to 21 read as follows: 22 7. any action which has been revived pursuant to section two hundred 23 fourteen-g or two hundred fourteen-j of this chapter. 24 § 3. The judiciary law is amended by adding a new section 219-e to 25 read as follows: 26 § 219-e. Rules reviving certain actions; sexual offenses. The chief 27 administrator of the courts shall promulgate rules for the timely adju- 28 dication of revived actions brought pursuant to section two hundred 29 fourteen-j of the civil practice law and rules. 30 § 4. The provisions of this act shall be severable, and if any clause, 31 sentence, paragraph, subdivision or part of this act shall be adjudged 32 by any court of competent jurisdiction to be invalid, such judgment 33 shall not affect, impair, or invalidate the remainder thereof, but shall 34 be confined in its operation to the clause, sentence, paragraph, subdi- 35 vision or part thereof directly involved in the controversy in which 36 such judgment shall have been rendered. 37 § 5. This act shall take effect immediately; provided, however, that 38 section three of this act shall take effect three months after this act 39 shall have become a law.
