Bill Text: NY A08726 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, revives such actions otherwise barred by the existing statute of limitations and grants trial preference to such actions; directs the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions.
Spectrum: Partisan Bill (Democrat 26-0)
Status: (Introduced - Dead) 2020-01-08 - referred to judiciary [A08726 Detail]
Download: New_York-2019-A08726-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8726 2019-2020 Regular Sessions IN ASSEMBLY November 25, 2019 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, reviving such actions otherwise barred by the existing statute of limitations and granting trial preference to such actions; and to amend the judiciary law, in relation to directing the chief adminis- trator of the courts to promulgate rules for the timely adjudication of certain revived actions 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-h to read as follows: 3 § 214-h. Certain sexual offense actions. Notwithstanding any provision 4 of law which imposes a period of limitation to the contrary and the 5 provisions of any other law pertaining to the filing of a notice of 6 claim or a notice of intention to file a claim as a condition precedent 7 to commencement of an action or special proceeding, every civil claim or 8 cause of action brought against any party alleging intentional or negli- 9 gent acts or omissions by a person for physical, psychological, or other 10 injury or condition suffered as a result of conduct which would consti- 11 tute a sexual offense as defined in article one hundred thirty of the 12 penal law committed against such person who was eighteen years of age or 13 older, or incest as defined in section 255.26 or 255.27 of the penal law 14 committed against such person who was eighteen years of age or older, 15 which is barred as of the effective date of this section because the 16 applicable period of limitation has expired, and/or the plaintiff previ- 17 ously failed to file a notice of claim or a notice of intention to file 18 a claim, is hereby revived, and action thereon may be commenced not 19 earlier than six months after, and not later than one year and six EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13754-03-9A. 8726 2 1 months after the effective date of this section. In any such claim or 2 action, dismissal of a previous action, ordered before the effective 3 date of this section, on grounds that such previous action was time 4 barred, and/or for failure of a party to file a notice of claim or a 5 notice of intention to file a claim, shall not be grounds for dismissal 6 of a revival action pursuant to this section. 7 § 2. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice 8 law and rules, as added by chapter 11 of the laws of 2019, is amended to 9 read as follows: 10 7. any action which has been revived pursuant to section two hundred 11 fourteen-g or two hundred fourteen-h of this chapter. 12 § 3. The judiciary law is amended by adding a new section 219-e to 13 read as follows: 14 § 219-e. Rules reviving certain actions; sexual offenses. The chief 15 administrator of the courts shall promulgate rules for the timely adju- 16 dication of revived actions brought pursuant to section two hundred 17 fourteen-h of the civil practice law and rules. 18 § 4. The provisions of this act shall be severable, and if any clause, 19 sentence, paragraph, subdivision or part of this act shall be adjudged 20 by any court of competent jurisdiction to be invalid, such judgment 21 shall not affect, impair, or invalidate the remainder thereof, but shall 22 be confined in its operation to the clause, sentence, paragraph, subdi- 23 vision or part thereof directly involved in the controversy in which 24 such judgment shall have been rendered. 25 § 5. This act shall take effect immediately; provided, however, that 26 section three of this act shall take effect three months after this act 27 shall have become a law.
