Bill Text: NY A02575 | 2025-2026 | General Assembly | Introduced
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: Moderate Partisan Bill (Democrat 27-3)
Status: (Introduced) 2025-01-17 - referred to codes [A02575 Detail]
Download: New_York-2025-A02575-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2575 2025-2026 Regular Sessions IN ASSEMBLY January 17, 2025 ___________ Introduced by M. of A. DINOWITZ, ROSENTHAL, HEVESI, BICHOTTE HERMELYN, PAULIN, COLTON, GLICK, DE LOS SANTOS, LEVENBERG, BRAUNSTEIN, SIMON, EPSTEIN, CRUZ, COOK, GONZALEZ-ROJAS, DAVILA, LAVINE, OTIS, TAPIA, ZACCARO, CUNNINGHAM, McDONOUGH, WOERNER, JACKSON, RAGA, BUTTENSCHON, SEAWRIGHT, SIMONE, MAHER, NOVAKHOV -- read once and referred to the Committee on Codes 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00226-01-5A. 2575 2 1 defined in section 130.75 of the penal law, or sex trafficking as 2 defined in section 230.34 of the penal law, or sex trafficking of a 3 child as defined in section 230.34-a of the penal law, or incest in the 4 first degree as defined in section 255.27 of the penal law may be 5 commenced at any time; 6 § 2. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 7 procedure law, as amended by chapter 11 of the laws of 2019, is amended 8 to read as follows: 9 (f) For purposes of a prosecution involving a sexual offense as 10 defined in article one hundred thirty of the penal law[, other than a11sexual offense delineated in paragraph (a) of subdivision two of this12section,] committed against a child less than eighteen years of age, the 13 period of limitation shall not begin to run until the child has reached 14 the age of twenty-three or the offense is reported to a law enforcement 15 agency or statewide central register of child abuse and maltreatment, 16 whichever occurs earlier. This paragraph shall not apply to sexual 17 offenses delineated in paragraph (a) of subdivision two of this section 18 committed against a child less than eighteen years of age, sex traffick- 19 ing as defined in section 230.34 of the penal law committed against a 20 child less than eighteen years of age, sex trafficking of a child as 21 defined in section 230.34-a of the penal law, incest in the first, 22 second or third degree as defined in sections 255.27, 255.26 and 255.25 23 of the penal law committed against a child less than eighteen years of 24 age, or use of a child in a sexual performance as defined in section 25 263.05 of the penal law[, the period of limitation shall not begin to26run until the child has reached the age of twenty-three or the offense27is reported to a law enforcement agency or statewide central register of28child abuse and maltreatment, whichever occurs earlier]. 29 § 3. Subdivision (b) of section 208 of the civil practice law and 30 rules, as added by chapter 11 of the laws of 2019, is amended to read as 31 follows: 32 (b) Notwithstanding any provision of law which imposes a period of 33 limitation to the contrary and the provisions of any other law pertain- 34 ing to the filing of a notice of claim or a notice of intention to file 35 a claim as a condition precedent to commencement of an action or special 36 proceeding, with respect to all civil claims or causes of action brought 37 by any person for physical, psychological or other injury or condition 38 suffered by such person as a result of conduct which would constitute a 39 sexual offense as defined in article one hundred thirty of the penal law 40 committed against such person who was less than eighteen years of age, 41 sex trafficking as defined in section 230.34 of the penal law committed 42 against such person who was less than eighteen years of age, sex traf- 43 ficking of a child as defined in section 230.34-a of the penal law, 44 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 45 committed against such person who was less than eighteen years of age, 46 or the use of such person in a sexual performance as defined in section 47 263.05 of the penal law, or a predecessor statute that prohibited such 48 conduct at the time of the act, which conduct was committed against such 49 person who was less than eighteen years of age, such action may be 50 commenced, against any party whose intentional or negligent acts or 51 omissions are alleged to have resulted in the commission of said 52 conduct, on or before the plaintiff or infant plaintiff reaches the age 53 of fifty-five years. In any such claim or action, in addition to any 54 other defense and affirmative defense that may be available in accord- 55 ance with law, rule or the common law, to the extent that the acts 56 alleged in such action are of the type described in subdivision one ofA. 2575 3 1 section 130.30 of the penal law or subdivision one of the former section 2 130.45 of the penal law, the affirmative defenses set forth, respective- 3 ly, in the closing paragraph of such sections of the penal law shall 4 apply. 5 § 4. Section 214-g of the civil practice law and rules, as amended by 6 chapter 130 of the laws of 2020, is amended to read as follows: 7 § 214-g. (a) Certain child sexual abuse cases. Notwithstanding any 8 provision of law which imposes a period of limitation to the contrary 9 and the provisions of any other law pertaining to the filing of a notice 10 of claim or a notice of intention to file a claim as a condition prece- 11 dent to commencement of an action or special proceeding, every civil 12 claim or cause of action brought against any party alleging intentional 13 or negligent acts or omissions by a person for physical, psychological, 14 or other injury or condition suffered as a result of conduct which would 15 constitute a sexual offense as defined in article one hundred thirty of 16 the penal law committed against a child less than eighteen years of age, 17 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 18 committed against a child less than eighteen years of age, or the use of 19 a child in a sexual performance as defined in section 263.05 of the 20 penal law, or a predecessor statute that prohibited such conduct at the 21 time of the act, which conduct was committed against a child less than 22 eighteen years of age, which is barred as of the effective date of this 23 section because the applicable period of limitation has expired, and/or 24 the plaintiff previously failed to file a notice of claim or a notice of 25 intention to file a claim, is hereby revived, and action thereon may be 26 commenced not earlier than six months after, and not later than two 27 years and six months after the effective date of this section. In any 28 such claim or action: (a) in addition to any other defense and affirma- 29 tive defense that may be available in accordance with law, rule or the 30 common law, to the extent that the acts alleged in such action are of 31 the type described in subdivision one of section 130.30 of the penal law 32 or subdivision one of the former section 130.45 of the penal law, the 33 affirmative defenses set forth, respectively, in the closing paragraph 34 of such sections of the penal law shall apply; and (b) dismissal of a 35 previous action, ordered before the effective date of this section, on 36 grounds that such previous action was time barred, and/or for failure of 37 a party to file a notice of claim or a notice of intention to file a 38 claim, shall not be grounds for dismissal of a revival action pursuant 39 to this section. 40 (b) Notwithstanding any provision of law which imposes a period of 41 limitation to the contrary and the provisions of any other law pertain- 42 ing to the filing of a notice of claim or a notice of intention to file 43 a claim as a condition precedent to commencement of an action or special 44 proceeding, every civil claim or cause of action brought against any 45 party alleging intentional or negligent acts or omissions by a person 46 for physical, psychological, or other injury or condition suffered as a 47 result of conduct which would constitute sex trafficking as defined in 48 section 230.34 of the penal law committed against a child less than 49 eighteen years of age or sex trafficking of a child as defined in 50 section 230.34-a of the penal law, which is barred as of the effective 51 date of this subdivision because the applicable period of limitation has 52 expired, and/or the plaintiff previously failed to file a notice of 53 claim or a notice of intention to file a claim, is hereby revived, and 54 action thereon may be commenced not earlier than six months after, and 55 not later than one year and six months after the effective date of this 56 subdivision. In any such claim or action, dismissal of a previousA. 2575 4 1 action, ordered before the effective date of this subdivision, on 2 grounds that such previous action was time barred, and/or for failure of 3 a party to file a notice of claim or a notice of intention to file a 4 claim, shall not be grounds for dismissal of a revival action pursuant 5 to this subdivision. 6 § 5. 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. Notwithstanding any other limitation set forth in this article 10 or any other provision of law which imposes a period of limitation to 11 the contrary, except as provided in subdivision (b) of section two 12 hundred eight of this article, all civil claims or causes of action 13 brought by any person for physical, psychological or other injury or 14 condition suffered by such person as a result of conduct which would 15 constitute rape in the first degree as defined in section 130.35 of the 16 penal law, or rape in the second degree as defined in subdivision four, 17 five or six of section 130.30 of the penal law, or rape in the second 18 degree as defined in former subdivision two of section 130.30 of the 19 penal law, or rape in the third degree as defined in subdivision one, 20 two, three, seven, eight or nine of section 130.25 of the penal law, or 21 a crime formerly defined in section 130.50 of the penal law, or a crime 22 formerly defined in subdivision two of section 130.45 of the penal law, 23 or a crime formerly defined in subdivision one or three of section 24 130.40 of the penal law, or incest in the first degree as defined in 25 section 255.27 of the penal law, or incest in the second degree as 26 defined in section 255.26 of the penal law (where the crime committed is 27 rape in the second degree as defined in subdivision four, five or six of 28 section 130.30 of the penal law, or rape in the second degree as former- 29 ly defined in subdivision two of section 130.30 of the penal law, or a 30 crime formerly defined in subdivision two of section 130.45 of the penal 31 law), or aggravated sexual abuse in the first degree as defined in 32 section 130.70 of the penal law, or course of sexual conduct against a 33 child in the first degree as defined in section 130.75 of the penal law, 34 or sex trafficking as defined in section 230.34 of the penal law, or sex 35 trafficking of a child as defined in section 230.34-a of the penal law 36 may be brought against any party whose intentional or negligent acts or 37 omissions are alleged to have resulted in the commission of the said 38 conduct, within twenty years. Nothing in this section shall be construed 39 to require that a criminal charge be brought or a criminal conviction be 40 obtained as a condition of bringing a civil cause of action or receiving 41 a civil judgment pursuant to this section or be construed to require 42 that any of the rules governing a criminal proceeding be applicable to 43 any such civil action. 44 § 6. The civil practice law and rules is amended by adding a new 45 section 214-k to read as follows: 46 § 214-k. Certain sexual offense actions. Notwithstanding any 47 provision of law which imposes a period of limitation to the contrary 48 and the provisions of any other law pertaining to the filing of a notice 49 of claim or a notice of intention to file a claim as a condition prece- 50 dent to commencement of an action or special proceeding, every civil 51 claim or cause of action brought against any party alleging intentional 52 or negligent acts or omissions by a person for physical, psychological, 53 or other injury or condition suffered as a result of conduct which would 54 constitute sex trafficking as defined in section 230.34 of the penal law 55 committed against such person who was eighteen years of age or older, 56 which is barred as of the effective date of this section because theA. 2575 5 1 applicable period of limitation has expired, and/or the plaintiff previ- 2 ously failed to file a notice of claim or a notice of intention to file 3 a claim, is hereby revived, and action thereon may be commenced not 4 earlier than six months after, and not later than one year and six 5 months after the effective date of this section. In any such claim or 6 action, dismissal of a previous action, ordered before the effective 7 date of this section, on grounds that such previous action was time 8 barred, and/or for failure of a party to file a notice of claim or a 9 notice of intention to file a claim, shall not be grounds for dismissal 10 of a revival action pursuant to this section. 11 § 7. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice 12 law and rules, as amended by chapter 203 of the laws of 2022, is amended 13 to read as follows: 14 7. any action which has been revived pursuant to subdivision (a) or 15 (b) of section two hundred fourteen-g [or], two hundred fourteen-j, or 16 two hundred fourteen-k of this chapter. 17 § 8. Section 219-e of the judiciary law, as added by chapter 203 of 18 the laws of 2022, is amended to read as follows: 19 § 219-e. Rules reviving certain actions; sexual offenses. The chief 20 administrator of the courts shall promulgate rules for the timely adju- 21 dication of revived actions brought pursuant to section two hundred 22 fourteen-j and section two hundred fourteen-k of the civil practice law 23 and rules. 24 § 9. Paragraph (b) of subdivision 8 of section 50-e of the general 25 municipal law, as added by chapter 153 of the laws of 2024, is amended 26 to read as follows: 27 (b) This section shall not apply to: (i) any claim made for physical, 28 psychological, or other injury or condition suffered as a result of 29 conduct which would constitute a sexual offense as defined in article 30 one hundred thirty of the penal law committed against a child less than 31 eighteen years of age, sex trafficking as defined in section 230.34 of 32 the penal law committed against a child less than eighteen years of age, 33 sex trafficking of a child as defined in section 230.34-a of the penal 34 law, incest as defined in section 255.27, 255.26 or 255.25 of the penal 35 law committed against a child less than eighteen years of age, or the 36 use of a child in a sexual performance as defined in section 263.05 of 37 the penal law committed against a child less than eighteen years of age; 38 or 39 (ii) any civil claim or cause of action revived pursuant to section 40 two hundred fourteen-j of the civil practice law and rules. 41 § 10. Subdivision 5 of section 50-i of the general municipal law, as 42 added by chapter 11 of the laws of 2019, is amended to read as follows: 43 5. Notwithstanding any provision of law to the contrary, this section 44 shall not apply to any claim made against a city, county, town, village, 45 fire district or school district for physical, psychological, or other 46 injury or condition suffered as a result of conduct which would consti- 47 tute a sexual offense as defined in article one hundred thirty of the 48 penal law committed against a child less than eighteen years of age, sex 49 trafficking as defined in section 230.34 of the penal law committed 50 against a child less than eighteen years of age, sex trafficking of a 51 child as defined in section 230.34-a of the penal law, incest as defined 52 in section 255.27, 255.26 or 255.25 of the penal law committed against a 53 child less than eighteen years of age, or the use of a child in a sexual 54 performance as defined in section 263.05 of the penal law committed 55 against a child less than eighteen years of age.A. 2575 6 1 § 11. Subdivision 10 of section 10 of the court of claims act, as 2 added by chapter 153 of the laws of 2024, is amended to read as follows: 3 10. Notwithstanding any provision of law to the contrary, this section 4 shall not apply to: (i) any claim to recover damages for physical, 5 psychological, or other injury or condition suffered as a result of 6 conduct which would constitute a sexual offense as defined in article 7 one hundred thirty of the penal law committed against a child less than 8 eighteen years of age, incest as defined in section 255.27, 255.26 or 9 255.25 of the penal law committed against a child less than eighteen 10 years of age, sex trafficking as defined in section 230.34 of the penal 11 law committed against a child less than eighteen years of age, sex traf- 12 ficking of a child as defined in section 230.34-a of the penal law, or 13 the use of a child in a sexual performance as defined in section 263.05 14 of the penal law committed against a child less than eighteen years of 15 age; or 16 (ii) any civil claim or cause of action revived pursuant to section 17 two hundred fourteen-j of the civil practice law and rules. 18 § 12. Subdivision 2 of section 3813 of the education law, as amended 19 by chapter 153 of the laws of 2024, is amended to read as follows: 20 2. Notwithstanding anything to the contrary hereinbefore contained in 21 this section, no action or special proceeding founded upon tort shall be 22 prosecuted or maintained against any of the parties named in this 23 section or against any teacher or member of the supervisory or adminis- 24 trative staff or employee where the alleged tort was committed by such 25 teacher or member or employee acting in the discharge of [his] their 26 duties within the scope of [his] their employment and/or under the 27 direction of the board of education, trustee or trustees, or governing 28 body of the school unless a notice of claim shall have been made and 29 served in compliance with section fifty-e of the general municipal law. 30 Every such action shall be commenced pursuant to the provisions of 31 section fifty-i of the general municipal law; provided, however, that 32 this section shall not apply to: (i) any claim to recover damages for 33 physical, psychological, or other injury or condition suffered as a 34 result of conduct which would constitute a sexual offense as defined in 35 article one hundred thirty of the penal law committed against a child 36 less than eighteen years of age, sex trafficking of a child as defined 37 in section 230.34-a of the penal law committed against a child less than 38 eighteen years of age, incest as defined in section 255.27, 255.26 or 39 255.25 of the penal law committed against a child less than eighteen 40 years of age, or the use of a child in a sexual performance as defined 41 in section 263.05 of the penal law committed against a child less than 42 eighteen years of age; or 43 (ii) any civil claim or cause of action revived pursuant to section 44 two hundred fourteen-j of the civil practice law and rules. 45 § 13. Severability. If any clause, sentence, paragraph, section or 46 part of this act shall be adjudged by any court of competent jurisdic- 47 tion to be invalid and after exhaustion of all further judicial review, 48 the judgment shall not affect, impair or invalidate the remainder there- 49 of, but shall be confined in its operation to the clause, sentence, 50 paragraph, section or part of this act directly involved in the contro- 51 versy in which the judgment shall have been rendered. 52 § 14. This act shall take effect immediately and shall apply to acts 53 or omissions occurring on or after such effective date and to acts or 54 omissions occurring prior to such effective date where the applicable 55 statute of limitations in effect on the date of such act or omission has 56 not yet expired.
