Bill Text: NY A06878 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Extends the statute of limitations to bring a claim arising out of an alleged sexual offense by a law enforcement officer if the alleged offense occurred while the officer was employed by a law enforcement agency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-01-03 - referred to judiciary [A06878 Detail]

Download: New_York-2023-A06878-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          6878

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                       May 8, 2023
                                       ___________

        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Judiciary

        AN ACT to amend the civil practice law and rules, in relation to certain
          actions against law enforcement officers

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 214-k to read as follows:
     3    § 214-k. Certain actions against law enforcement officers. (a) A claim
     4  arising out of an alleged sexual offense by a law enforcement officer if
     5  the  alleged  offense  occurred  while the officer was employed by a law
     6  enforcement agency is exempted from all state and local notice of  claim
     7  requirements.
     8    (b)  Notwithstanding  any  other limitation set forth in this article,
     9  except as provided in subdivision (b) of section two  hundred  eight  of
    10  this article, all civil claims or causes of action brought by any person
    11  for  physical,  psychological  or  other injury or condition suffered by
    12  such person as a result of conduct by a law  enforcement  officer  which
    13  occurred  on or after the plaintiff's eighteenth birthday and while such
    14  officer was employed by a law enforcement agency which would  constitute
    15  a sexual offense, such action may be commenced against such law enforce-
    16  ment officer within the later of:
    17    1.  Ten  years  after  the  date of judgment against a law enforcement
    18  officer in a criminal case for  a  sexual  offense  where  the  judgment
    19  against such law enforcement officer arose out of the same set of opera-
    20  tive facts as the allegation in the present claim; or
    21    2.  Ten  years after the law enforcement officer is no longer employed
    22  by the law enforcement agency that employed the officer when the alleged
    23  sexual offense occurred.
    24    (c) Notwithstanding the provisions of subdivision (b) of this section,
    25  a claim seeking to recover damages arising  out  of  an  alleged  sexual

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08742-01-3
        A. 6878                             2

     1  offense  by  a  law  enforcement  officer, if the alleged sexual offense
     2  occurred on or after the plaintiff's eighteenth birthday and  while  the
     3  officer  was  employed  by  a  law enforcement agency, that has not been
     4  litigated  to  finality or compromised by an executed written settlement
     5  agreement and that would otherwise  be  barred  because  the  applicable
     6  statute  of  limitations,  any state or local government notice of claim
     7  deadline, or any other applicable time  limit  has  expired,  is  hereby
     8  revived  and  may  be  commenced if filed within either of the following
     9  periods of time:
    10    1. Ten years from the date of the last act, attempted act, or  assault
    11  with the intent to commit an act, of a sexual offense against the plain-
    12  tiff; or
    13    2.  Three  years  from  the date the plaintiff discovers or reasonably
    14  should have discovered that an injury or illness resulted from  an  act,
    15  attempted  act, or assault with the intent to commit an act, of a sexual
    16  offense against the plaintiff.
    17    (d) As used in this  section,  the  following  terms  shall  have  the
    18  following meanings:
    19    1.  "Sexual  offense" means a sexual offense as defined in article one
    20  hundred thirty of the penal law, or incest as defined in section 255.27,
    21  255.26 or 255.25 of the penal law.
    22    2. "Law enforcement officer" means a police officer or  peace  officer
    23  as such terms are defined in section 1.20 of the criminal procedure law.
    24    3.  "Law  enforcement  agency"  means  any  entity which employs a law
    25  enforcement officer.
    26    § 2. This act shall take effect immediately.