Bill Text: NY A06138 | 2023-2024 | General Assembly | Introduced
Bill Title: Exempts a civil claim or cause of action revived pursuant to section two hundred fourteen-j of the civil practice law and rules from certain filing and notice requirements.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced) 2024-06-06 - substituted by s5916 [A06138 Detail]
Download: New_York-2023-A06138-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6138 2023-2024 Regular Sessions IN ASSEMBLY April 3, 2023 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Codes AN ACT to amend the court of claims act, the general municipal law, and the education law, in relation to the making technical corrections regarding the filing and service of claims of adult sexual assault survivors The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 10 of section 10 of the court of claims act, as 2 added by chapter 11 of the laws of 2019, 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, or the use of a child in a sexual performance as defined 11 in section 263.05 of the penal law committed against a child less than 12 eighteen years of age; or 13 (ii) any civil claim or cause of action revived pursuant to section 14 two hundred fourteen-j of the civil practice law and rules. 15 § 2. Paragraph (b) of subdivision 8 of section 50-e of the general 16 municipal law, as added by chapter 11 of the laws of 2019, is amended to 17 read as follows: 18 (b) This section shall not apply to: (i) any claim made for physical, 19 psychological, or other injury or condition suffered as a result of 20 conduct which would constitute a sexual offense as defined in article 21 one hundred thirty of the penal law committed against a child less than 22 eighteen years of age, incest as defined in section 255.27, 255.26 or 23 255.25 of the penal law committed against a child less than eighteen EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08225-02-3A. 6138 2 1 years of age, or the use of a child in a sexual performance as defined 2 in section 263.05 of the penal law committed against a child less than 3 eighteen years of age; or 4 (ii) any civil claim or cause of action revived pursuant to section 5 two hundred fourteen-j of the civil practice law and rules. 6 § 3. Subdivision 2 of section 3813 of the education law, as amended by 7 chapter 11 of the laws of 2019, is amended to read as follows: 8 2. Notwithstanding anything to the contrary hereinbefore contained in 9 this section, no action or special proceeding founded upon tort shall be 10 prosecuted or maintained against any of the parties named in this 11 section or against any teacher or member of the supervisory or adminis- 12 trative staff or employee where the alleged tort was committed by such 13 teacher or member or employee acting in the discharge of his duties 14 within the scope of his employment and/or under the direction of the 15 board of education, trustee or trustees, or governing body of the school 16 unless a notice of claim shall have been made and served in compliance 17 with section fifty-e of the general municipal law. Every such action 18 shall be commenced pursuant to the provisions of section fifty-i of the 19 general municipal law; provided, however, that this section shall not 20 apply to: (i) any claim to recover damages for physical, psychological, 21 or other injury or condition suffered as a result of conduct which would 22 constitute a sexual offense as defined in article one hundred thirty of 23 the penal law committed against a child less than eighteen years of age, 24 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 25 committed against a child less than eighteen years of age, or the use of 26 a child in a sexual performance as defined in section 263.05 of the 27 penal law committed against a child less than eighteen years of age; or 28 (ii) any civil claim or cause of action revived pursuant to section 29 two hundred fourteen-j of the civil practice law and rules. 30 § 4. This act shall take effect immediately and shall apply to actions 31 and proceedings pending on or after such effective date.
