Bill Text: NY S00116 | 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: Bipartisan Bill
Status: (Introduced) 2025-01-08 - REFERRED TO CODES [S00116 Detail]
Download: New_York-2025-S00116-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 116 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. CLEARE, BORRELLO, FERNANDEZ, JACKSON, KRUEGER, MARTINEZ, MURRAY, MYRIE, PALUMBO, ROLISON, SALAZAR, WEBER -- read twice and ordered printed, and when printed to be committed 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 9 defined in section 130.75 of the penal law, or sex trafficking as EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00226-01-5S. 116 2 1 defined in section 230.34 of the penal law, or sex trafficking of a 2 child as defined in section 230.34-a of the penal law, or incest in the 3 first degree as defined in section 255.27 of the penal law may be 4 commenced at any time; 5 § 2. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 6 procedure law, as amended by chapter 11 of the laws of 2019, is amended 7 to read as follows: 8 (f) For purposes of a prosecution involving a sexual offense as 9 defined in article one hundred thirty of the penal law[, other than a10sexual offense delineated in paragraph (a) of subdivision two of this11section,] committed against a child less than eighteen years of age, the 12 period of limitation shall not begin to run until the child has reached 13 the age of twenty-three or the offense is reported to a law enforcement 14 agency or statewide central register of child abuse and maltreatment, 15 whichever occurs earlier. This paragraph shall not apply to sexual 16 offenses delineated in paragraph (a) of subdivision two of this section 17 committed against a child less than eighteen years of age, sex traffick- 18 ing as defined in section 230.34 of the penal law committed against a 19 child less than eighteen years of age, sex trafficking of a child as 20 defined in section 230.34-a of the penal law, incest in the first, 21 second or third degree as defined in sections 255.27, 255.26 and 255.25 22 of the penal law committed against a child less than eighteen years of 23 age, or use of a child in a sexual performance as defined in section 24 263.05 of the penal law[, the period of limitation shall not begin to25run until the child has reached the age of twenty-three or the offense26is reported to a law enforcement agency or statewide central register of27child abuse and maltreatment, whichever occurs earlier]. 28 § 3. Subdivision (b) of section 208 of the civil practice law and 29 rules, as added by chapter 11 of the laws of 2019, is amended to read as 30 follows: 31 (b) Notwithstanding any provision of law which imposes a period of 32 limitation to the contrary and the provisions of any other law pertain- 33 ing to the filing of a notice of claim or a notice of intention to file 34 a claim as a condition precedent to commencement of an action or special 35 proceeding, with respect to all civil claims or causes of action brought 36 by any person for physical, psychological or other injury or condition 37 suffered by such person as a result of conduct which would constitute a 38 sexual offense as defined in article one hundred thirty of the penal law 39 committed against such person who was less than eighteen years of age, 40 sex trafficking as defined in section 230.34 of the penal law committed 41 against such person who was less than eighteen years of age, sex traf- 42 ficking of a child as defined in section 230.34-a of the penal law, 43 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 44 committed against such person who was less than eighteen years of age, 45 or the use of such person in a sexual performance as defined in section 46 263.05 of the penal law, or a predecessor statute that prohibited such 47 conduct at the time of the act, which conduct was committed against such 48 person who was less than eighteen years of age, such action may be 49 commenced, against any party whose intentional or negligent acts or 50 omissions are alleged to have resulted in the commission of said 51 conduct, on or before the plaintiff or infant plaintiff reaches the age 52 of fifty-five years. In any such claim or action, in addition to any 53 other defense and affirmative defense that may be available in accord- 54 ance with law, rule or the common law, to the extent that the acts 55 alleged in such action are of the type described in subdivision one of 56 section 130.30 of the penal law or subdivision one of the former sectionS. 116 3 1 130.45 of the penal law, the affirmative defenses set forth, respective- 2 ly, in the closing paragraph of such sections of the penal law shall 3 apply. 4 § 4. Section 214-g of the civil practice law and rules, as amended by 5 chapter 130 of the laws of 2020, is amended to read as follows: 6 § 214-g. (a) Certain child sexual abuse cases. Notwithstanding any 7 provision of law which imposes a period of limitation to the contrary 8 and the provisions of any other law pertaining to the filing of a notice 9 of claim or a notice of intention to file a claim as a condition prece- 10 dent to commencement of an action or special proceeding, every civil 11 claim or cause of action brought against any party alleging intentional 12 or negligent acts or omissions by a person for physical, psychological, 13 or other injury or condition suffered as a result of conduct which would 14 constitute a sexual offense as defined in article one hundred thirty of 15 the penal law committed against a child less than eighteen years of age, 16 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 17 committed against a child less than eighteen years of age, or the use of 18 a child in a sexual performance as defined in section 263.05 of the 19 penal law, or a predecessor statute that prohibited such conduct at the 20 time of the act, which conduct was committed against a child less than 21 eighteen years of age, which is barred as of the effective date of this 22 section because the applicable period of limitation has expired, and/or 23 the plaintiff previously failed to file a notice of claim or a notice of 24 intention to file a claim, is hereby revived, and action thereon may be 25 commenced not earlier than six months after, and not later than two 26 years and six months after the effective date of this section. In any 27 such claim or action: (a) in addition to any other defense and affirma- 28 tive defense that may be available in accordance with law, rule or the 29 common law, to the extent that the acts alleged in such action are of 30 the type described in subdivision one of section 130.30 of the penal law 31 or subdivision one of the former section 130.45 of the penal law, the 32 affirmative defenses set forth, respectively, in the closing paragraph 33 of such sections of the penal law shall apply; and (b) dismissal of a 34 previous action, ordered before the effective date of this section, on 35 grounds that such previous action was time barred, and/or for failure of 36 a party to file a notice of claim or a notice of intention to file a 37 claim, shall not be grounds for dismissal of a revival action pursuant 38 to this section. 39 (b) Notwithstanding any provision of law which imposes a period of 40 limitation to the contrary and the provisions of any other law pertain- 41 ing to the filing of a notice of claim or a notice of intention to file 42 a claim as a condition precedent to commencement of an action or special 43 proceeding, every civil claim or cause of action brought against any 44 party alleging intentional or negligent acts or omissions by a person 45 for physical, psychological, or other injury or condition suffered as a 46 result of conduct which would constitute sex trafficking as defined in 47 section 230.34 of the penal law committed against a child less than 48 eighteen years of age or sex trafficking of a child as defined in 49 section 230.34-a of the penal law, which is barred as of the effective 50 date of this subdivision because the applicable period of limitation has 51 expired, and/or the plaintiff previously failed to file a notice of 52 claim or a notice of intention to file a claim, is hereby revived, and 53 action thereon may be commenced not earlier than six months after, and 54 not later than one year and six months after the effective date of this 55 subdivision. In any such claim or action, dismissal of a previous 56 action, ordered before the effective date of this subdivision, onS. 116 4 1 grounds that such previous action was time barred, and/or for failure of 2 a party to file a notice of claim or a notice of intention to file a 3 claim, shall not be grounds for dismissal of a revival action pursuant 4 to this subdivision. 5 § 5. Section 213-c of the civil practice law and rules, as amended by 6 chapter 23 of the laws of 2024, is amended to read as follows: 7 § 213-c. Action by victim of conduct constituting certain sexual 8 offenses. Notwithstanding any other limitation set forth in this article 9 or any other provision of law which imposes a period of limitation to 10 the contrary, except as provided in subdivision (b) of section two 11 hundred eight of this article, all civil claims or causes of action 12 brought by any person for physical, psychological or other injury or 13 condition suffered by such person as a result of conduct which would 14 constitute rape in the first degree as defined in section 130.35 of the 15 penal law, or rape in the second degree as defined in subdivision four, 16 five or six of section 130.30 of the penal law, or rape in the second 17 degree as defined in former subdivision two of section 130.30 of the 18 penal law, or rape in the third degree as defined in subdivision one, 19 two, three, seven, eight or nine of section 130.25 of the penal law, or 20 a crime formerly defined in section 130.50 of the penal law, or a crime 21 formerly defined in subdivision two of section 130.45 of the penal law, 22 or a crime formerly defined in subdivision one or three of section 23 130.40 of the penal law, or incest in the first degree as defined in 24 section 255.27 of the penal law, or incest in the second degree as 25 defined in section 255.26 of the penal law (where the crime committed is 26 rape in the second degree as defined in subdivision four, five or six of 27 section 130.30 of the penal law, or rape in the second degree as former- 28 ly defined in subdivision two of section 130.30 of the penal law, or a 29 crime formerly defined in subdivision two of section 130.45 of the penal 30 law), or aggravated sexual abuse in the first degree as defined in 31 section 130.70 of the penal law, or course of sexual conduct against a 32 child in the first degree as defined in section 130.75 of the penal law, 33 or sex trafficking as defined in section 230.34 of the penal law, or sex 34 trafficking of a child as defined in section 230.34-a of the penal law 35 may be brought against any party whose intentional or negligent acts or 36 omissions are alleged to have resulted in the commission of the said 37 conduct, within twenty years. Nothing in this section shall be construed 38 to require that a criminal charge be brought or a criminal conviction be 39 obtained as a condition of bringing a civil cause of action or receiving 40 a civil judgment pursuant to this section or be construed to require 41 that any of the rules governing a criminal proceeding be applicable to 42 any such civil action. 43 § 6. The civil practice law and rules is amended by adding a new 44 section 214-k to read as follows: 45 § 214-k. Certain sexual offense actions. Notwithstanding any 46 provision of law which imposes a period of limitation to the contrary 47 and the provisions of any other law pertaining to the filing of a notice 48 of claim or a notice of intention to file a claim as a condition prece- 49 dent to commencement of an action or special proceeding, every civil 50 claim or cause of action brought against any party alleging intentional 51 or negligent acts or omissions by a person for physical, psychological, 52 or other injury or condition suffered as a result of conduct which would 53 constitute sex trafficking as defined in section 230.34 of the penal law 54 committed against such person who was eighteen years of age or older, 55 which is barred as of the effective date of this section because the 56 applicable period of limitation has expired, and/or the plaintiff previ-S. 116 5 1 ously failed to file a notice of claim or a notice of intention to file 2 a claim, is hereby revived, and action thereon may be commenced not 3 earlier than six months after, and not later than one year and six 4 months after the effective date of this section. In any such claim or 5 action, dismissal of a previous action, ordered before the effective 6 date of this section, on grounds that such previous action was time 7 barred, and/or for failure of a party to file a notice of claim or a 8 notice of intention to file a claim, shall not be grounds for dismissal 9 of a revival action pursuant to this section. 10 § 7. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice 11 law and rules, as amended by chapter 203 of the laws of 2022, is amended 12 to read as follows: 13 7. any action which has been revived pursuant to subdivision (a) or 14 (b) of section two hundred fourteen-g [or], two hundred fourteen-j, or 15 two hundred fourteen-k of this chapter. 16 § 8. Section 219-e of the judiciary law, as added by chapter 203 of 17 the laws of 2022, is amended to read as follows: 18 § 219-e. Rules reviving certain actions; sexual offenses. The chief 19 administrator of the courts shall promulgate rules for the timely adju- 20 dication of revived actions brought pursuant to section two hundred 21 fourteen-j and section two hundred fourteen-k of the civil practice law 22 and rules. 23 § 9. Paragraph (b) of subdivision 8 of section 50-e of the general 24 municipal law, as added by chapter 153 of the laws of 2024, is amended 25 to read as follows: 26 (b) This section shall not apply to: (i) any claim made for physical, 27 psychological, or other injury or condition suffered as a result of 28 conduct which would constitute a sexual offense as defined in article 29 one hundred thirty of the penal law committed against a child less than 30 eighteen years of age, sex trafficking as defined in section 230.34 of 31 the penal law committed against a child less than eighteen years of age, 32 sex trafficking of a child as defined in section 230.34-a of the penal 33 law, incest as defined in section 255.27, 255.26 or 255.25 of the penal 34 law committed against a child less than eighteen years of age, or the 35 use of a child in a sexual performance as defined in section 263.05 of 36 the penal law committed against a child less than eighteen years of age; 37 or 38 (ii) any civil claim or cause of action revived pursuant to section 39 two hundred fourteen-j of the civil practice law and rules. 40 § 10. Subdivision 5 of section 50-i of the general municipal law, as 41 added by chapter 11 of the laws of 2019, is amended to read as follows: 42 5. Notwithstanding any provision of law to the contrary, this section 43 shall not apply to any claim made against a city, county, town, village, 44 fire district or school district for physical, psychological, or other 45 injury or condition suffered as a result of conduct which would consti- 46 tute a sexual offense as defined in article one hundred thirty of the 47 penal law committed against a child less than eighteen years of age, sex 48 trafficking as defined in section 230.34 of the penal law committed 49 against a child less than eighteen years of age, sex trafficking of a 50 child as defined in section 230.34-a of the penal law, incest as defined 51 in section 255.27, 255.26 or 255.25 of the penal law committed against a 52 child less than eighteen years of age, or the use of a child in a sexual 53 performance as defined in section 263.05 of the penal law committed 54 against a child less than eighteen years of age. 55 § 11. Subdivision 10 of section 10 of the court of claims act, as 56 added by chapter 153 of the laws of 2024, is amended to read as follows:S. 116 6 1 10. Notwithstanding any provision of law to the contrary, this section 2 shall not apply to: (i) any claim to recover damages for physical, 3 psychological, or other injury or condition suffered as a result of 4 conduct which would constitute a sexual offense as defined in article 5 one hundred thirty of the penal law committed against a child less than 6 eighteen years of age, incest as defined in section 255.27, 255.26 or 7 255.25 of the penal law committed against a child less than eighteen 8 years of age, sex trafficking as defined in section 230.34 of the penal 9 law committed against a child less than eighteen years of age, sex traf- 10 ficking of a child as defined in section 230.34-a of the penal law, or 11 the use of a child in a sexual performance as defined in section 263.05 12 of the penal law committed against a child less than eighteen years of 13 age; or 14 (ii) any civil claim or cause of action revived pursuant to section 15 two hundred fourteen-j of the civil practice law and rules. 16 § 12. Subdivision 2 of section 3813 of the education law, as amended 17 by chapter 153 of the laws of 2024, is amended to read as follows: 18 2. Notwithstanding anything to the contrary hereinbefore contained in 19 this section, no action or special proceeding founded upon tort shall be 20 prosecuted or maintained against any of the parties named in this 21 section or against any teacher or member of the supervisory or adminis- 22 trative staff or employee where the alleged tort was committed by such 23 teacher or member or employee acting in the discharge of [his] their 24 duties within the scope of [his] their employment and/or under the 25 direction of the board of education, trustee or trustees, or governing 26 body of the school unless a notice of claim shall have been made and 27 served in compliance with section fifty-e of the general municipal law. 28 Every such action shall be commenced pursuant to the provisions of 29 section fifty-i of the general municipal law; provided, however, that 30 this section shall not apply to: (i) any claim to recover damages for 31 physical, psychological, or other injury or condition suffered as a 32 result of conduct which would constitute a sexual offense as defined in 33 article one hundred thirty of the penal law committed against a child 34 less than eighteen years of age, sex trafficking of a child as defined 35 in section 230.34-a of the penal law committed against a child less than 36 eighteen years of age, incest as defined in section 255.27, 255.26 or 37 255.25 of the penal law committed against a child less than eighteen 38 years of age, or the use of a child in a sexual performance as defined 39 in section 263.05 of the penal law committed against a child less than 40 eighteen years of age; or 41 (ii) any civil claim or cause of action revived pursuant to section 42 two hundred fourteen-j of the civil practice law and rules. 43 § 13. Severability. If any clause, sentence, paragraph, section or 44 part of this act shall be adjudged by any court of competent jurisdic- 45 tion to be invalid and after exhaustion of all further judicial review, 46 the judgment shall not affect, impair or invalidate the remainder there- 47 of, but shall be confined in its operation to the clause, sentence, 48 paragraph, section or part of this act directly involved in the contro- 49 versy in which the judgment shall have been rendered. 50 § 14. This act shall take effect immediately and shall apply to acts 51 or omissions occurring on or after such effective date and to acts or 52 omissions occurring prior to such effective date where the applicable 53 statute of limitations in effect on the date of such act or omission has 54 not yet expired.
