Bill Text: NY S05916 | 2023-2024 | General Assembly | Introduced

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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 4-0)

Status: (Passed) 2024-06-28 - SIGNED CHAP.153 [S05916 Detail]

Download: New_York-2023-S05916-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5916

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 22, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary

        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.
                                                                   LBD08225-02-3
        S. 5916                             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.