Bill Text: NY A01940 | 2023-2024 | General Assembly | Amended
Bill Title: Extends the statute of limitations of actions related to certain sex trafficking offenses, reviving such actions otherwise barred by the existing statute of limitations; grants trial preference to such actions; exempts such actions from certain provisions requiring notice of claims.
Spectrum: Strong Partisan Bill (Democrat 31-3)
Status: (Introduced) 2024-01-03 - referred to codes [A01940 Detail]
Download: New_York-2023-A01940-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1940--B 2023-2024 Regular Sessions IN ASSEMBLY January 23, 2023 ___________ Introduced by M. of A. DINOWITZ, L. ROSENTHAL, HEVESI, BICHOTTE HERME- LYN, PAULIN, COLTON, GLICK, DE LOS SANTOS, LEVENBERG, BRAUNSTEIN, SIMON, SILLITTI, EPSTEIN, CRUZ, COOK, GONZALEZ-ROJAS, DAVILA, THIELE, LAVINE, OTIS, TAPIA, MAHER -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Rules -- Rules Committee discharged, bill amended, ordered reprinted as amended and recommitted to the Committee on Rules AN ACT to amend the criminal procedure law, in relation to the statute of limitations in criminal prosecution of certain sex trafficking crimes; to amend the civil practice law and rules, in relation to the statute of limitations for civil actions related to certain sex traf- ficking offenses, reviving such actions otherwise barred by the exist- ing statute of limitations and granting trial preference to such actions; to amend the judiciary law, in relation to the rules reviving certain sexual offense actions; to amend the general municipal law, in relation to providing that the notice of claim provisions shall not apply to actions related to certain sex trafficking offenses; to amend the court of claims act, in relation to providing that the notice of intention to file provisions shall not apply to actions related to certain sex trafficking offenses; and to amend the education law, in relation to providing that the notice of claim provisions shall not apply to actions related to certain sex trafficking offenses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the 2 criminal procedure law, as amended by chapter 315 of the laws of 2019, 3 is amended to read as follows: 4 (a) A prosecution for a class A felony, or rape in the first degree as 5 defined in section 130.35 of the penal law, or a crime defined or 6 formerly defined in section 130.50 of the penal law, or aggravated sexu- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01625-08-3A. 1940--B 2 1 al abuse in the first degree as defined in section 130.70 of the penal 2 law, or course of sexual conduct against a child in the first degree as 3 defined in section 130.75 of the penal law, or sex trafficking as 4 defined in section 230.34 of the penal law, or sex trafficking of a 5 child as defined in section 230.34-a of the penal law, or incest in the 6 first degree as defined in section 255.27 of the penal law may be 7 commenced at any time; 8 § 2. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 9 procedure law, as amended by chapter 11 of the laws of 2019, is amended 10 to read as follows: 11 (f) For purposes of a prosecution involving a sexual offense as 12 defined in article one hundred thirty of the penal law[, other than a13sexual offense delineated in paragraph (a) of subdivision two of this14section,] committed against a child less than eighteen years of age, the 15 period of limitation shall not begin to run until the child has reached 16 the age of twenty-three or the offense is reported to a law enforcement 17 agency or statewide central register of child abuse and maltreatment, 18 whichever occurs earlier. This paragraph shall not apply to sexual 19 offenses delineated in paragraph (a) of subdivision two of this section 20 committed against a child less than eighteen years of age, sex traffick- 21 ing as defined in section 230.34 of the penal law committed against a 22 child less than eighteen years of age, sex trafficking of a child as 23 defined in section 230.34-a of the penal law, incest in the first, 24 second or third degree as defined in sections 255.27, 255.26 and 255.25 25 of the penal law committed against a child less than eighteen years of 26 age, or use of a child in a sexual performance as defined in section 27 263.05 of the penal law[, the period of limitation shall not begin to28run until the child has reached the age of twenty-three or the offense29is reported to a law enforcement agency or statewide central register of30child abuse and maltreatment, whichever occurs earlier]. 31 § 3. Subdivision (b) of section 208 of the civil practice law and 32 rules, as added by chapter 11 of the laws of 2019, is amended to read as 33 follows: 34 (b) Notwithstanding any provision of law which imposes a period of 35 limitation to the contrary and the provisions of any other law pertain- 36 ing to the filing of a notice of claim or a notice of intention to file 37 a claim as a condition precedent to commencement of an action or special 38 proceeding, with respect to all civil claims or causes of action brought 39 by any person for physical, psychological or other injury or condition 40 suffered by such person as a result of conduct which would constitute a 41 sexual offense as defined in article one hundred thirty of the penal law 42 committed against such person who was less than eighteen years of age, 43 sex trafficking as defined in section 230.34 of the penal law committed 44 against such person who was less than eighteen years of age, sex traf- 45 ficking of a child as defined in section 230.34-a of the penal law, 46 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 47 committed against such person who was less than eighteen years of age, 48 or the use of such person in a sexual performance as defined in section 49 263.05 of the penal law, or a predecessor statute that prohibited such 50 conduct at the time of the act, which conduct was committed against such 51 person who was less than eighteen years of age, such action may be 52 commenced, against any party whose intentional or negligent acts or 53 omissions are alleged to have resulted in the commission of said 54 conduct, on or before the plaintiff or infant plaintiff reaches the age 55 of fifty-five years. In any such claim or action, in addition to any 56 other defense and affirmative defense that may be available in accord-A. 1940--B 3 1 ance with law, rule or the common law, to the extent that the acts 2 alleged in such action are of the type described in subdivision one of 3 section 130.30 of the penal law or subdivision one of section 130.45 of 4 the penal law, the affirmative defenses set forth, respectively, in the 5 closing paragraph of such sections of the penal law shall apply. 6 § 4. Section 214-g of the civil practice law and rules, as amended by 7 chapter 130 of the laws of 2020, is amended to read as follows: 8 § 214-g. (a) Certain child sexual abuse cases. Notwithstanding any 9 provision of law which imposes a period of limitation to the contrary 10 and the provisions of any other law pertaining to the filing of a notice 11 of claim or a notice of intention to file a claim as a condition prece- 12 dent to commencement of an action or special proceeding, every civil 13 claim or cause of action brought against any party alleging intentional 14 or negligent acts or omissions by a person for physical, psychological, 15 or other injury or condition suffered as a result of conduct which would 16 constitute a sexual offense as defined in article one hundred thirty of 17 the penal law committed against a child less than eighteen years of age, 18 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 19 committed against a child less than eighteen years of age, or the use of 20 a child in a sexual performance as defined in section 263.05 of the 21 penal law, or a predecessor statute that prohibited such conduct at the 22 time of the act, which conduct was committed against a child less than 23 eighteen years of age, which is barred as of the effective date of this 24 section because the applicable period of limitation has expired, and/or 25 the plaintiff previously failed to file a notice of claim or a notice of 26 intention to file a claim, is hereby revived, and action thereon may be 27 commenced not earlier than six months after, and not later than two 28 years and six months after the effective date of this section. In any 29 such claim or action: (a) in addition to any other defense and affirma- 30 tive defense that may be available in accordance with law, rule or the 31 common law, to the extent that the acts alleged in such action are of 32 the type described in subdivision one of section 130.30 of the penal law 33 or subdivision one of section 130.45 of the penal law, the affirmative 34 defenses set forth, respectively, in the closing paragraph of such 35 sections of the penal law shall apply; and (b) dismissal of a previous 36 action, ordered before the effective date of this section, on grounds 37 that such previous action was time barred, and/or for failure of a party 38 to file a notice of claim or a notice of intention to file a claim, 39 shall not be grounds for dismissal of a revival action pursuant to this 40 section. 41 (b) Notwithstanding any provision of law which imposes a period of 42 limitation to the contrary and the provisions of any other law pertain- 43 ing to the filing of a notice of claim or a notice of intention to file 44 a claim as a condition precedent to commencement of an action or special 45 proceeding, every civil claim or cause of action brought against any 46 party alleging intentional or negligent acts or omissions by a person 47 for physical, psychological, or other injury or condition suffered as a 48 result of conduct which would constitute sex trafficking as defined in 49 section 230.34 of the penal law committed against a child less than 50 eighteen years of age or sex trafficking of a child as defined in 51 section 230.34-a of the penal law, which is barred as of the effective 52 date of this subdivision because the applicable period of limitation has 53 expired, and/or the plaintiff previously failed to file a notice of 54 claim or a notice of intention to file a claim, is hereby revived, and 55 action thereon may be commenced not earlier than six months after, and 56 not later than one year and six months after the effective date of thisA. 1940--B 4 1 subdivision. In any such claim or action, dismissal of a previous 2 action, ordered before the effective date of this subdivision, on 3 grounds that such previous action was time barred, and/or for failure of 4 a party to file a notice of claim or a notice of intention to file a 5 claim, shall not be grounds for dismissal of a revival action pursuant 6 to this subdivision. 7 § 5. Section 213-c of the civil practice law and rules, as amended by 8 chapter 315 of the laws of 2019, is amended to read as follows: 9 § 213-c. Action by victim of conduct constituting certain sexual 10 offenses. Notwithstanding any other limitation set forth in this article 11 or any other provision of law which imposes a period of limitation to 12 the contrary, except as provided in subdivision (b) of section two 13 hundred eight of this article, all civil claims or causes of action 14 brought by any person for physical, psychological or other injury or 15 condition suffered by such person as a result of conduct which would 16 constitute rape in the first degree as defined in section 130.35 of the 17 penal law, or rape in the second degree as defined in subdivision two of 18 section 130.30 of the penal law, or rape in the third degree as defined 19 in subdivision one or three of section 130.25 of the penal law, or crim- 20 inal sexual act in the first degree as defined in section 130.50 of the 21 penal law, or criminal sexual act in the second degree as defined in 22 subdivision two of section 130.45 of the penal law, or criminal sexual 23 act in the third degree as defined in subdivision one or three of 24 section 130.40 of the penal law, or incest in the first degree as 25 defined in section 255.27 of the penal law, or incest in the second 26 degree as defined in section 255.26 of the penal law (where the crime 27 committed is rape in the second degree as defined in subdivision two of 28 section 130.30 of the penal law or criminal sexual act in the second 29 degree as defined in subdivision two of section 130.45), or aggravated 30 sexual abuse in the first degree as defined in section 130.70 of the 31 penal law, or course of sexual conduct against a child in the first 32 degree as defined in section 130.75 of the penal law, or sex trafficking 33 as defined in section 230.34 of the penal law, or sex trafficking of a 34 child as defined in section 230.34-a of the penal law may be brought 35 against any party whose intentional or negligent acts or omissions are 36 alleged to have resulted in the commission of the said conduct, within 37 twenty years. Nothing in this section shall be construed to require that 38 a criminal charge be brought or a criminal conviction be obtained as a 39 condition of bringing a civil cause of action or receiving a civil judg- 40 ment pursuant to this section or be construed to require that any of the 41 rules governing a criminal proceeding be applicable to any such civil 42 action. 43 § 6. The civil practice law and rules is amended by adding a new 44 section 214-k to read as follows: 45 § 214-k. Certain sexual offense actions. Notwithstanding any 46 provision of law which imposes a period of limitation to the contrary 47 and the provisions of any other law pertaining to the filing of a notice 48 of claim or a notice of intention to file a claim as a condition prece- 49 dent to commencement of an action or special proceeding, every civil 50 claim or cause of action brought against any party alleging intentional 51 or negligent acts or omissions by a person for physical, psychological, 52 or other injury or condition suffered as a result of conduct which would 53 constitute sex trafficking as defined in section 230.34 of the penal law 54 committed against such person who was eighteen years of age or older, 55 which is barred as of the effective date of this section because the 56 applicable period of limitation has expired, and/or the plaintiff previ-A. 1940--B 5 1 ously failed to file a notice of claim or a notice of intention to file 2 a claim, is hereby revived, and action thereon may be commenced not 3 earlier than six months after, and not later than one year and six 4 months after the effective date of this section. In any such claim or 5 action, dismissal of a previous action, ordered before the effective 6 date of this section, on grounds that such previous action was time 7 barred, and/or for failure of a party to file a notice of claim or a 8 notice of intention to file a claim, shall not be grounds for dismissal 9 of a revival action pursuant to this section. 10 § 7. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice 11 law and rules, as amended by chapter 203 of the laws of 2022, is amended 12 to read as follows: 13 7. any action which has been revived pursuant to subdivision (a) or 14 (b) of section two hundred fourteen-g [or], two hundred fourteen-j, or 15 two hundred fourteen-k of this chapter. 16 § 8. Section 219-e of the judiciary law, as added by chapter 203 of 17 the laws of 2022, is amended to read as follows: 18 § 219-e. Rules reviving certain actions; sexual offenses. The chief 19 administrator of the courts shall promulgate rules for the timely adju- 20 dication of revived actions brought pursuant to section two hundred 21 fourteen-j and section two hundred fourteen-k of the civil practice law 22 and rules. 23 § 9. Paragraph (b) of subdivision 8 of section 50-e of the general 24 municipal law, as added by chapter 11 of the laws of 2019, is amended to 25 read as follows: 26 (b) This section shall not apply to any claim made for physical, 27 psychological, or other injury or condition suffered as a result of 28 conduct which would constitute a sexual offense as defined in article 29 one hundred thirty of the penal law committed against a child less than 30 eighteen years of age, sex trafficking as defined in section 230.34 of 31 the penal law committed against a child less than eighteen years of age, 32 sex trafficking of a child as defined in section 230.34-a of the penal 33 law, incest as defined in section 255.27, 255.26 or 255.25 of the penal 34 law committed against a child less than eighteen years of age, or the 35 use of a child in a sexual performance as defined in section 263.05 of 36 the penal law committed against a child less than eighteen years of age. 37 § 10. Subdivision 5 of section 50-i of the general municipal law, as 38 added by chapter 11 of the laws of 2019, is amended to read as follows: 39 5. Notwithstanding any provision of law to the contrary, this section 40 shall not apply to any claim made against a city, county, town, village, 41 fire district or school district for physical, psychological, or other 42 injury or condition suffered as a result of conduct which would consti- 43 tute a sexual offense as defined in article one hundred thirty of the 44 penal law committed against a child less than eighteen years of age, sex 45 trafficking as defined in section 230.34 of the penal law committed 46 against a child less than eighteen years of age, sex trafficking of a 47 child as defined in section 230.34-a of the penal law, incest as defined 48 in section 255.27, 255.26 or 255.25 of the penal law committed against a 49 child less than eighteen years of age, or the use of a child in a sexual 50 performance as defined in section 263.05 of the penal law committed 51 against a child less than eighteen years of age. 52 § 11. Subdivision 10 of section 10 of the court of claims act, as 53 added by chapter 11 of the laws of 2019, is amended to read as follows: 54 10. Notwithstanding any provision of law to the contrary, this section 55 shall not apply to any claim to recover damages for physical, psycholog- 56 ical, or other injury or condition suffered as a result of conduct whichA. 1940--B 6 1 would constitute a sexual offense as defined in article one hundred 2 thirty of the penal law committed against a child less than eighteen 3 years of age, sex trafficking as defined in section 230.34 of the penal 4 law committed against a child less than eighteen years of age, sex traf- 5 ficking of a child as defined in section 230.34-a of the penal law, 6 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 7 committed against a child less than eighteen years of age, or the use of 8 a child in a sexual performance as defined in section 263.05 of the 9 penal law committed against a child less than eighteen years of age. 10 § 12. Subdivision 2 of section 3813 of the education law, as amended 11 by chapter 11 of the laws of 2019, is amended to read as follows: 12 2. Notwithstanding anything to the contrary hereinbefore contained in 13 this section, no action or special proceeding founded upon tort shall be 14 prosecuted or maintained against any of the parties named in this 15 section or against any teacher or member of the supervisory or adminis- 16 trative staff or employee where the alleged tort was committed by such 17 teacher or member or employee acting in the discharge of his duties 18 within the scope of his employment and/or under the direction of the 19 board of education, trustee or trustees, or governing body of the school 20 unless a notice of claim shall have been made and served in compliance 21 with section fifty-e of the general municipal law. Every such action 22 shall be commenced pursuant to the provisions of section fifty-i of the 23 general municipal law; provided, however, that this section shall not 24 apply to any claim to recover damages for physical, psychological, or 25 other injury or condition suffered as a result of conduct which would 26 constitute a sexual offense as defined in article one hundred thirty of 27 the penal law committed against a child less than eighteen years of age, 28 sex trafficking of a child as defined in section 230.34-a of the penal 29 law committed against a child less than eighteen years of age, incest as 30 defined in section 255.27, 255.26 or 255.25 of the penal law committed 31 against a child less than eighteen years of age, or the use of a child 32 in a sexual performance as defined in section 263.05 of the penal law 33 committed against a child less than eighteen years of age. 34 § 13. Severability. If any clause, sentence, paragraph, section or 35 part of this act shall be adjudged by any court of competent jurisdic- 36 tion to be invalid and after exhaustion of all further judicial review, 37 the judgment shall not affect, impair or invalidate the remainder there- 38 of, but shall be confined in its operation to the clause, sentence, 39 paragraph, section or part of this act directly involved in the contro- 40 versy in which the judgment shall have been rendered. 41 § 14. This act shall take effect immediately and shall apply to acts 42 or omissions occurring on or after such effective date and to acts or 43 omissions occurring prior to such effective date where the applicable 44 statute of limitations in effect on the date of such act or omission has 45 not yet expired.