Bill Text: NY A01641 | 2025-2026 | General Assembly | Introduced
Bill Title: Removes statute of limitations for certain civil actions related to child sexual assault offenses.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2025-01-10 - referred to codes [A01641 Detail]
Download: New_York-2025-A01641-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1641 2025-2026 Regular Sessions IN ASSEMBLY January 10, 2025 ___________ Introduced by M. of A. ROSENTHAL, DAVILA, BICHOTTE HERMELYN, SIMON, WOERNER, SHRESTHA -- read once and referred to the Committee on Codes 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 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 14 committed against such person who was less than eighteen years of age, 15 or the use of such person in a sexual performance as defined in section 16 263.05 of the penal law, or a predecessor statute that prohibited such 17 conduct at the time of the act, which conduct was committed against such 18 person who was less than eighteen years of age, such action may be 19 commenced, against any party whose intentional or negligent acts or 20 omissions are alleged to have resulted in the commission of said 21 conduct, [on or before] by the plaintiff or infant plaintiff [reaches22the age of fifty-five years] at any time. In any such claim or action, 23 in addition to any other defense and affirmative defense that may be 24 available in accordance with law, rule or the common law, to the extent EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04163-01-5A. 1641 2 1 that the acts alleged in such action are of the type described in subdi- 2 vision one of section 130.30 of the penal law or subdivision one of the 3 former section 130.45 of the penal law, the affirmative defenses set 4 forth, respectively, in the closing paragraph of such sections of the 5 penal law shall apply. 6 § 2. Section 213-c of the civil practice law and rules, as amended by 7 chapter 23 of the laws of 2024, is amended to read as follows: 8 § 213-c. Action by victim of conduct constituting certain sexual 9 offenses. (a) Notwithstanding any other limitation set forth in this 10 article, except as provided in subdivision (b) of section two hundred 11 eight of this article, all civil claims or causes of action brought by 12 any person for physical, psychological or other injury or condition 13 suffered by such person as a result of conduct which would constitute 14 rape in the first degree as defined in section 130.35 of the penal law, 15 or rape in the second degree as defined in subdivision four, five or six 16 of section 130.30 of the penal law, or rape in the second degree as 17 defined in former subdivision two of section 130.30 of the penal law, or 18 rape in the third degree as defined in subdivision one, two, three, 19 seven, eight or nine of section 130.25 of the penal law, or a crime 20 formerly defined in section 130.50 of the penal law, or a crime formerly 21 defined in subdivision two of section 130.45 of the penal law, or a 22 crime formerly defined in subdivision one or three of section 130.40 of 23 the penal law, or incest in the first degree as defined in section 24 255.27 of the penal law, or incest in the second degree as defined in 25 section 255.26 of the penal law (where the crime committed is rape in 26 the second degree as defined in subdivision four, five or six of section 27 130.30 of the penal law, or rape in the second degree as formerly 28 defined in subdivision two of section 130.30 of the penal law, or a 29 crime formerly defined in subdivision two of section 130.45 of the penal 30 law), or aggravated sexual abuse in the first degree as defined in 31 section 130.70 of the penal law, or course of sexual conduct against a 32 child in the first degree as defined in section 130.75 of the penal law 33 may be brought against any party whose intentional or negligent acts or 34 omissions are alleged to have resulted in the commission of the said 35 conduct, within twenty years. 36 (b) Notwithstanding the provisions of subdivision (a) of this section, 37 or any other provision of law to the contrary, all civil claims or caus- 38 es of action brought by any person for physical, psychological or other 39 injury or condition suffered as a result of conduct which would consti- 40 tute a sexual offense as defined in article one hundred thirty of the 41 penal law committed against a child less than eighteen years of age, 42 incest as defined in section 255.25, 255.26 or 255.27 of the penal law 43 committed against a child less than eighteen years of age, or the use of 44 a child in a sexual performance as defined in section 263.05 of the 45 penal law, or a predecessor statute that prohibited such conduct at the 46 time of the act, which conduct was committed against a child less than 47 eighteen years of age, such action may be commenced at any time. 48 (c) Nothing in this section shall be construed to require that a crim- 49 inal charge be brought or a criminal conviction be obtained as a condi- 50 tion of bringing a civil cause of action or receiving a civil judgment 51 pursuant to this section or be construed to require that any of the 52 rules governing a criminal proceeding be applicable to any such civil 53 action. 54 § 3. Section 214-g of the civil practice law and rules, as amended by 55 chapter 130 of the laws of 2020, is amended to read as follows:A. 1641 3 1 § 214-g. Certain child sexual abuse cases. Notwithstanding any 2 provision of law which imposes a period of limitation to the contrary 3 and the provisions of any other law pertaining to the filing of a notice 4 of claim or a notice of intention to file a claim as a condition prece- 5 dent to commencement of an action or special proceeding, every civil 6 claim or cause of action brought against any party alleging intentional 7 or negligent acts or omissions by a person for physical, psychological, 8 or other injury or condition suffered as a result of conduct which would 9 constitute a sexual offense as defined in article one hundred thirty of 10 the penal law committed against a child less than eighteen years of age, 11 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 12 committed against a child less than eighteen years of age, or the use of 13 a child in a sexual performance as defined in section 263.05 of the 14 penal law, or a predecessor statute that prohibited such conduct at the 15 time of the act, which conduct was committed against a child less than 16 eighteen years of age, which is barred as of the effective date of this 17 section because the applicable period of limitation has expired, and/or 18 the plaintiff previously failed to file a notice of claim or a notice of 19 intention to file a claim, is hereby revived, and action thereon may be 20 commenced not earlier than six months after[, and not later than two21years and six months after] the effective date of this section. In any 22 such claim or action: (a) in addition to any other defense and affirma- 23 tive defense that may be available in accordance with law, rule or the 24 common law, to the extent that the acts alleged in such action are of 25 the type described in subdivision one of section 130.30 of the penal law 26 or subdivision one of the former section 130.45 of the penal law, the 27 affirmative defenses set forth, respectively, in the closing paragraph 28 of such sections of the penal law shall apply; and (b) dismissal of a 29 previous action, ordered before the effective date of this section, on 30 grounds that such previous action was time barred, and/or for failure of 31 a party to file a notice of claim or a notice of intention to file a 32 claim, shall not be grounds for dismissal of a revival action pursuant 33 to this section. 34 § 4. This act shall take effect immediately.
