Bill Text: NY A01854 | 2023-2024 | General Assembly | Amended

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Bill Title: Removes statute of limitations for certain civil actions related to child sexual assault offenses.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-25 - print number 1854a [A01854 Detail]

Download: New_York-2023-A01854-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         1854--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes -- recommitted to the Committee on Codes in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        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  [reaches

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06673-02-4
        A. 1854--A                          2

     1  the  age  of fifty-five years] at any time. In any such claim or action,
     2  in addition to any other defense and affirmative  defense  that  may  be
     3  available  in accordance with law, rule or the common law, to the extent
     4  that the acts alleged in such action are of the type described in subdi-
     5  vision  one  of  section  130.30  of the penal law or subdivision one of
     6  section 130.45 of the penal law, the  affirmative  defenses  set  forth,
     7  respectively, in the closing paragraph of such sections of the penal law
     8  shall apply.
     9    §  2. Section 213-c of the civil practice law and rules, as amended by
    10  chapter 315 of the laws of 2019, is amended to read as follows:
    11    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
    12  offenses.  (a)  Notwithstanding  any  other limitation set forth in this
    13  article, except as provided in subdivision (b) of  section  two  hundred
    14  eight  of  this article, all civil claims or causes of action brought by
    15  any person for physical, psychological  or  other  injury  or  condition
    16  suffered  by  such  person as a result of conduct which would constitute
    17  rape in the first degree as defined in section 130.35 of the penal  law,
    18  or  rape  in  the second degree as defined in subdivision two of section
    19  130.30 of the penal law, or rape in  the  third  degree  as  defined  in
    20  subdivision one or three of section 130.25 of the penal law, or criminal
    21  sexual act in the first degree as defined in section 130.50 of the penal
    22  law,  or criminal sexual act in the second degree as defined in subdivi-
    23  sion two of section 130.45 of the penal law, or criminal sexual  act  in
    24  the  third  degree  as  defined  in  subdivision one or three of section
    25  130.40 of the penal law, or incest in the first  degree  as  defined  in
    26  section  255.27  of  the  penal  law,  or incest in the second degree as
    27  defined in section 255.26 of the penal law (where the crime committed is
    28  rape in the second degree as  defined  in  subdivision  two  of  section
    29  130.30  of  the penal law or criminal sexual act in the second degree as
    30  defined in subdivision two of  section  130.45),  or  aggravated  sexual
    31  abuse in the first degree as defined in section 130.70 of the penal law,
    32  or  course  of  sexual  conduct  against  a child in the first degree as
    33  defined in section 130.75 of the penal law may be  brought  against  any
    34  party  whose  intentional  or negligent acts or omissions are alleged to
    35  have resulted in the commission  of  the  said  conduct,  within  twenty
    36  years.
    37    (b) Notwithstanding the provisions of subdivision (a) of this section,
    38  or any other provision of law to the contrary, all civil claims or caus-
    39  es  of action brought by any person for physical, psychological or other
    40  injury or condition suffered as a result of conduct which would  consti-
    41  tute  a  sexual  offense as defined in article one hundred thirty of the
    42  penal law committed against a child less than  eighteen  years  of  age,
    43  incest  as  defined in section 255.25, 255.26 or 255.27 of the penal law
    44  committed against a child less than eighteen years of age, or the use of
    45  a child in a sexual performance as defined  in  section  263.05  of  the
    46  penal  law, or a predecessor statute that prohibited such conduct at the
    47  time of the act, which conduct was committed against a child  less  than
    48  eighteen years of age, such action may be commenced at any time.
    49    (c) Nothing in this section shall be construed to require that a crim-
    50  inal  charge be brought or a criminal conviction be obtained as a condi-
    51  tion of bringing a civil cause of action or receiving a  civil  judgment
    52  pursuant  to  this  section  or  be construed to require that any of the
    53  rules governing a criminal proceeding be applicable to  any  such  civil
    54  action.
    55    §  3. Section 214-g of the civil practice law and rules, as amended by
    56  chapter 130 of the laws of 2020, is amended to read as follows:
        A. 1854--A                          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  two
    21  years  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 section 130.45 of the penal law, the affirmative
    27  defenses set forth, respectively,  in  the  closing  paragraph  of  such
    28  sections  of  the penal law shall apply; and (b) dismissal of a previous
    29  action, ordered before the effective date of this  section,  on  grounds
    30  that such previous action was time barred, and/or for failure of a party
    31  to  file  a  notice  of  claim or a notice of intention to file a claim,
    32  shall not be grounds for dismissal of a revival action pursuant to  this
    33  section.
    34    § 4. This act shall take effect immediately.