Bill Text: NY A01940 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A 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 -- read once and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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- 7 al abuse in the first degree as defined in section 130.70 of the penal 8 law, or course of sexual conduct against a child in the first degree as 9 defined in section 130.75 of the penal law, or sex trafficking as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01625-06-3A. 1940--A 2 1 defined in section 230.34 of the penal law, or sex trafficking of a 2 child as defined in section 230.34-a of the penal law, or incest in the 3 first degree as defined in section 255.27 of the penal law may be 4 commenced at any time; 5 § 2. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 6 procedure law, as amended by chapter 11 of the laws of 2019, is amended 7 to read as follows: 8 (f) For purposes of a prosecution involving a sexual offense as 9 defined in article one hundred thirty of the penal law[, other than a10sexual offense delineated in paragraph (a) of subdivision two of this11section,] committed against a child less than eighteen years of age, the 12 period of limitation shall not begin to run until the child has reached 13 the age of twenty-three or the offense is reported to a law enforcement 14 agency or statewide central register of child abuse and maltreatment, 15 whichever occurs earlier. This paragraph shall not apply to sexual 16 offenses delineated in paragraph (a) of subdivision two of this section 17 committed against a child less than eighteen years of age, sex traffick- 18 ing as defined in section 230.34 of the penal law committed against a 19 child less than eighteen years of age, sex trafficking of a child as 20 defined in section 230.34-a of the penal law, incest in the first, 21 second or third degree as defined in sections 255.27, 255.26 and 255.25 22 of the penal law committed against a child less than eighteen years of 23 age, or use of a child in a sexual performance as defined in section 24 263.05 of the penal law[, the period of limitation shall not begin to25run until the child has reached the age of twenty-three or the offense26is reported to a law enforcement agency or statewide central register of27child abuse and maltreatment, whichever occurs earlier]. 28 § 3. Subdivision (b) of section 208 of the civil practice law and 29 rules, as added by chapter 11 of the laws of 2019, is amended to read as 30 follows: 31 (b) Notwithstanding any provision of law which imposes a period of 32 limitation to the contrary and the provisions of any other law pertain- 33 ing to the filing of a notice of claim or a notice of intention to file 34 a claim as a condition precedent to commencement of an action or special 35 proceeding, with respect to all civil claims or causes of action brought 36 by any person for physical, psychological or other injury or condition 37 suffered by such person as a result of conduct which would constitute a 38 sexual offense as defined in article one hundred thirty of the penal law 39 committed against such person who was less than eighteen years of age, 40 sex trafficking as defined in section 230.34 of the penal law committed 41 against such person who was less than eighteen years of age, sex traf- 42 ficking of a child as defined in section 230.34-a of the penal law, 43 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 44 committed against such person who was less than eighteen years of age, 45 or the use of such person in a sexual performance as defined in section 46 263.05 of the penal law, or a predecessor statute that prohibited such 47 conduct at the time of the act, which conduct was committed against such 48 person who was less than eighteen years of age, such action may be 49 commenced, against any party whose intentional or negligent acts or 50 omissions are alleged to have resulted in the commission of said 51 conduct, on or before the plaintiff or infant plaintiff reaches the age 52 of fifty-five years. In any such claim or action, in addition to any 53 other defense and affirmative defense that may be available in accord- 54 ance with law, rule or the common law, to the extent that the acts 55 alleged in such action are of the type described in subdivision one of 56 section 130.30 of the penal law or subdivision one of section 130.45 ofA. 1940--A 3 1 the penal law, the affirmative defenses set forth, respectively, in the 2 closing paragraph of such sections of the penal law shall apply. 3 § 4. Section 214-g of the civil practice law and rules, as amended by 4 chapter 130 of the laws of 2020, is amended to read as follows: 5 § 214-g. (a) Certain child sexual abuse cases. Notwithstanding any 6 provision of law which imposes a period of limitation to the contrary 7 and the provisions of any other law pertaining to the filing of a notice 8 of claim or a notice of intention to file a claim as a condition prece- 9 dent to commencement of an action or special proceeding, every civil 10 claim or cause of action brought against any party alleging intentional 11 or negligent acts or omissions by a person for physical, psychological, 12 or other injury or condition suffered as a result of conduct which would 13 constitute a sexual offense as defined in article one hundred thirty of 14 the penal law committed against a child less than eighteen years of age, 15 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 16 committed against a child less than eighteen years of age, or the use of 17 a child in a sexual performance as defined in section 263.05 of the 18 penal law, or a predecessor statute that prohibited such conduct at the 19 time of the act, which conduct was committed against a child less than 20 eighteen years of age, which is barred as of the effective date of this 21 section because the applicable period of limitation has expired, and/or 22 the plaintiff previously failed to file a notice of claim or a notice of 23 intention to file a claim, is hereby revived, and action thereon may be 24 commenced not earlier than six months after, and not later than two 25 years and six months after the effective date of this section. In any 26 such claim or action: (a) in addition to any other defense and affirma- 27 tive defense that may be available in accordance with law, rule or the 28 common law, to the extent that the acts alleged in such action are of 29 the type described in subdivision one of section 130.30 of the penal law 30 or subdivision one of section 130.45 of the penal law, the affirmative 31 defenses set forth, respectively, in the closing paragraph of such 32 sections of the penal law shall apply; and (b) dismissal of a previous 33 action, ordered before the effective date of this section, on grounds 34 that such previous action was time barred, and/or for failure of a party 35 to file a notice of claim or a notice of intention to file a claim, 36 shall not be grounds for dismissal of a revival action pursuant to this 37 section. 38 (b) Notwithstanding any provision of law which imposes a period of 39 limitation to the contrary and the provisions of any other law pertain- 40 ing to the filing of a notice of claim or a notice of intention to file 41 a claim as a condition precedent to commencement of an action or special 42 proceeding, every civil claim or cause of action brought against any 43 party alleging intentional or negligent acts or omissions by a person 44 for physical, psychological, or other injury or condition suffered as a 45 result of conduct which would constitute sex trafficking as defined in 46 section 230.34 of the penal law committed against a child less than 47 eighteen years of age or sex trafficking of a child as defined in 48 section 230.34-a of the penal law, which is barred as of the effective 49 date of this subdivision because the applicable period of limitation has 50 expired, and/or the plaintiff previously failed to file a notice of 51 claim or a notice of intention to file a claim, is hereby revived, and 52 action thereon may be commenced not earlier than six months after, and 53 not later than one year and six months after the effective date of this 54 subdivision. In any such claim or action, dismissal of a previous 55 action, ordered before the effective date of this subdivision, on 56 grounds that such previous action was time barred, and/or for failure ofA. 1940--A 4 1 a party to file a notice of claim or a notice of intention to file a 2 claim, shall not be grounds for dismissal of a revival action pursuant 3 to this subdivision. 4 § 5. Section 213-c of the civil practice law and rules, as amended by 5 chapter 315 of the laws of 2019, is amended to read as follows: 6 § 213-c. Action by victim of conduct constituting certain sexual 7 offenses. Notwithstanding any other limitation set forth in this arti- 8 cle, except as provided in subdivision (b) of section two hundred eight 9 of this article, all civil claims or causes of action brought by any 10 person for physical, psychological or other injury or condition suffered 11 by such person as a result of conduct which would constitute rape in the 12 first degree as defined in section 130.35 of the penal law, or rape in 13 the second degree as defined in subdivision two of section 130.30 of the 14 penal law, or rape in the third degree as defined in subdivision one or 15 three of section 130.25 of the penal law, or criminal sexual act in the 16 first degree as defined in section 130.50 of the penal law, or criminal 17 sexual act in the second degree as defined in subdivision two of section 18 130.45 of the penal law, or criminal sexual act in the third degree as 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 two of section 130.30 of the penal law or crimi- 24 nal sexual act in the second degree as defined in subdivision two of 25 section 130.45), or aggravated sexual abuse in the first degree as 26 defined in section 130.70 of the penal law, or course of sexual conduct 27 against a child in the first degree as defined in section 130.75 of the 28 penal law, or sex trafficking as defined in section 230.34 of the penal 29 law, or sex trafficking of a child as defined in section 230.34-a of the 30 penal law may be brought against any party whose intentional or negli- 31 gent acts or omissions are alleged to have resulted in the commission of 32 the said conduct, within twenty years. Nothing in this section shall be 33 construed to require that a criminal charge be brought or a criminal 34 conviction be obtained as a condition of bringing a civil cause of 35 action or receiving a civil judgment pursuant to this section or be 36 construed to require that any of the rules governing a criminal proceed- 37 ing be applicable to any such civil action. 38 § 6. The civil practice law and rules is amended by adding a new 39 section 214-k to read as follows: 40 § 214-k. Certain sexual offense actions. Notwithstanding any 41 provision of law which imposes a period of limitation to the contrary 42 and the provisions of any other law pertaining to the filing of a notice 43 of claim or a notice of intention to file a claim as a condition prece- 44 dent to commencement of an action or special proceeding, every civil 45 claim or cause of action brought against any party alleging intentional 46 or negligent acts or omissions by a person for physical, psychological, 47 or other injury or condition suffered as a result of conduct which would 48 constitute sex trafficking as defined in section 230.34 of the penal law 49 committed against such person who was eighteen years of age or older, 50 which is barred as of the effective date of this section because the 51 applicable period of limitation has expired, and/or the plaintiff previ- 52 ously failed to file a notice of claim or a notice of intention to file 53 a claim, is hereby revived, and action thereon may be commenced not 54 earlier than six months after, and not later than one year and six 55 months after the effective date of this section. In any such claim or 56 action, dismissal of a previous action, ordered before the effectiveA. 1940--A 5 1 date of this section, on grounds that such previous action was time 2 barred, and/or for failure of a party to file a notice of claim or a 3 notice of intention to file a claim, shall not be grounds for dismissal 4 of a revival action pursuant to this section. 5 § 7. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice 6 law and rules, as amended by chapter 203 of the laws of 2022, is amended 7 to read as follows: 8 7. any action which has been revived pursuant to subdivision (a) or 9 (b) of section two hundred fourteen-g [or], two hundred fourteen-j, or 10 two hundred fourteen-k of this chapter. 11 § 8. Section 219-e of the judiciary law, as added by chapter 203 of 12 the laws of 2022, is amended to read as follows: 13 § 219-e. Rules reviving certain actions; sexual offenses. The chief 14 administrator of the courts shall promulgate rules for the timely adju- 15 dication of revived actions brought pursuant to section two hundred 16 fourteen-j and section two hundred fourteen-k of the civil practice law 17 and rules. 18 § 9. Paragraph (b) of subdivision 8 of section 50-e of the general 19 municipal law, as added by chapter 11 of the laws of 2019, is amended to 20 read as follows: 21 (b) This section shall not apply to any claim made for physical, 22 psychological, or other injury or condition suffered as a result of 23 conduct which would constitute a sexual offense as defined in article 24 one hundred thirty of the penal law committed against a child less than 25 eighteen years of age, sex trafficking as defined in section 230.34 of 26 the penal law committed against a child less than eighteen years of age, 27 sex trafficking of a child as defined in section 230.34-a of the penal 28 law, incest as defined in section 255.27, 255.26 or 255.25 of the penal 29 law committed against a child less than eighteen years of age, or the 30 use of a child in a sexual performance as defined in section 263.05 of 31 the penal law committed against a child less than eighteen years of age. 32 § 10. Subdivision 5 of section 50-i of the general municipal law, as 33 added by chapter 11 of the laws of 2019, is amended to read as follows: 34 5. Notwithstanding any provision of law to the contrary, this section 35 shall not apply to any claim made against a city, county, town, village, 36 fire district or school district for physical, psychological, or other 37 injury or condition suffered as a result of conduct which would consti- 38 tute a sexual offense as defined in article one hundred thirty of the 39 penal law committed against a child less than eighteen years of age, sex 40 trafficking as defined in section 230.34 of the penal law committed 41 against a child less than eighteen years of age, sex trafficking of a 42 child as defined in section 230.34-a of the penal law, incest as defined 43 in section 255.27, 255.26 or 255.25 of the penal law committed against a 44 child less than eighteen years of age, or the use of a child in a sexual 45 performance as defined in section 263.05 of the penal law committed 46 against a child less than eighteen years of age. 47 § 11. Subdivision 10 of section 10 of the court of claims act, as 48 added by chapter 11 of the laws of 2019, is amended to read as follows: 49 10. Notwithstanding any provision of law to the contrary, this section 50 shall not apply to any claim to recover damages for physical, psycholog- 51 ical, or other injury or condition suffered as a result of conduct which 52 would constitute a sexual offense as defined in article one hundred 53 thirty of the penal law committed against a child less than eighteen 54 years of age, sex trafficking as defined in section 230.34 of the penal 55 law committed against a child less than eighteen years of age, sex traf- 56 ficking of a child as defined in section 230.34-a of the penal law,A. 1940--A 6 1 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 2 committed against a child less than eighteen years of age, or the use of 3 a child in a sexual performance as defined in section 263.05 of the 4 penal law committed against a child less than eighteen years of age. 5 § 12. Subdivision 2 of section 3813 of the education law, as amended 6 by chapter 11 of the laws of 2019, is amended to read as follows: 7 2. Notwithstanding anything to the contrary hereinbefore contained in 8 this section, no action or special proceeding founded upon tort shall be 9 prosecuted or maintained against any of the parties named in this 10 section or against any teacher or member of the supervisory or adminis- 11 trative staff or employee where the alleged tort was committed by such 12 teacher or member or employee acting in the discharge of his duties 13 within the scope of his employment and/or under the direction of the 14 board of education, trustee or trustees, or governing body of the school 15 unless a notice of claim shall have been made and served in compliance 16 with section fifty-e of the general municipal law. Every such action 17 shall be commenced pursuant to the provisions of section fifty-i of the 18 general municipal law; provided, however, that this section shall not 19 apply to any claim to recover damages for physical, psychological, or 20 other injury or condition suffered as a result of conduct which would 21 constitute a sexual offense as defined in article one hundred thirty of 22 the penal law committed against a child less than eighteen years of age, 23 sex trafficking of a child as defined in section 230.34-a of the penal 24 law committed against a child less than eighteen years of age, incest as 25 defined in section 255.27, 255.26 or 255.25 of the penal law committed 26 against a child less than eighteen years of age, or the use of a child 27 in a sexual performance as defined in section 263.05 of the penal law 28 committed against a child less than eighteen years of age. 29 § 13. Severability. If any clause, sentence, paragraph, section or 30 part of this act shall be adjudged by any court of competent jurisdic- 31 tion to be invalid and after exhaustion of all further judicial review, 32 the judgment shall not affect, impair or invalidate the remainder there- 33 of, but shall be confined in its operation to the clause, sentence, 34 paragraph, section or part of this act directly involved in the contro- 35 versy in which the judgment shall have been rendered. 36 § 14. This act shall take effect immediately and shall apply to acts 37 or omissions occurring on or after such effective date and to acts or 38 omissions occurring prior to such effective date where the applicable 39 statute of limitations in effect on the date of such act or omission has 40 not yet expired.
