Bill Text: NY A06935 | 2019-2020 | General Assembly | Introduced

New York Assembly Bill 6935 (Prior Session Legislation)

Introduced

Bill Title: Revives causes of action for the sexual assault of an infant which have been barred by the statute of limitations; provides a one year window for such causes of action to be brought.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06935 Detail]

Download: New_York-2019-A06935-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          6935
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 27, 2019
                                       ___________
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes
        AN ACT to amend the civil practice law and rules, in relation to actions
          for  sexual  assault of an infant and providing for the repeal of such
          provisions upon expiration thereof
          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 215-a to read as follows:
     3    § 215-a. Actions for sexual assault of an infant.  Notwithstanding any
     4  provision  of  law  to the contrary, any cause of action for physical or
     5  psychological injury sustained by a person under eighteen years  of  age
     6  as  a result of a sexual assault, which is barred because the statute of
     7  limitations has expired, is hereby revived, and an action thereon may be
     8  commenced within one year of the effective date of this section. For the
     9  purposes of this section, sexual assault  shall  be  a  sex  offense  as
    10  defined under article one hundred thirty of the penal law or a predeces-
    11  sor  statute at the time of the act. Any such cause of action previously
    12  dismissed because of the statute of limitations  may  be  brought  under
    13  this  section  notwithstanding  such  dismissal.  The provisions of this
    14  section shall be inapplicable to any civil action governed by the  stat-
    15  ute of limitations of another jurisdiction.
    16    §  2. This act shall take effect immediately and shall expire one year
    17  after such effective date, when upon such date the  provisions  of  this
    18  act  shall  be deemed repealed; and provided that the provisions of this
    19  act shall apply to causes of action pending or commenced on or after the
    20  effective date of this act.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10387-01-9