Bill Text: NY S08722 | 2021-2022 | 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: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-04-05 - REFERRED TO CODES [S08722 Detail]
Download: New_York-2021-S08722-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8722 IN SENATE April 5, 2022 ___________ Introduced by Sen. CLEARE -- 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 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 traffick- ing 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 10 defined in section 230.34 of the penal law, or sex trafficking of a 11 child as defined in section 230.34-a of the penal law, or incest in the 12 first degree as defined in section 255.27 of the penal law may be 13 commenced at any time; 14 § 2. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 15 procedure law, as amended by chapter 11 of the laws of 2019, is amended 16 to read as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15288-01-2S. 8722 2 1 (f) For purposes of a prosecution involving a sexual offense as 2 defined in article one hundred thirty of the penal law[, other than a3sexual offense delineated in paragraph (a) of subdivision two of this4section,] committed against a child less than eighteen years of age, the 5 period of limitation shall not begin to run until the child has reached 6 the age of twenty-three or the offense is reported to a law enforcement 7 agency or statewide central register of child abuse and maltreatment, 8 whichever occurs earlier. This paragraph shall not apply to sexual 9 offenses delineated in paragraph (a) of subdivision two of this section 10 committed against a child less than eighteen years of age, sex traffick- 11 ing as defined in section 230.34 of the penal law committed against a 12 child less than eighteen years of age, sex trafficking of a child as 13 defined in section 230.34-a of the penal law, incest in the first, 14 second or third degree as defined in sections 255.27, 255.26 and 255.25 15 of the penal law committed against a child less than eighteen years of 16 age, or use of a child in a sexual performance as defined in section 17 263.05 of the penal law[, the period of limitation shall not begin to18run until the child has reached the age of twenty-three or the offense19is reported to a law enforcement agency or statewide central register of20child abuse and maltreatment, whichever occurs earlier]. 21 § 3. Subdivision (b) of section 208 of the civil practice law and 22 rules, as added by chapter 11 of the laws of 2019, is amended to read as 23 follows: 24 (b) Notwithstanding any provision of law which imposes a period of 25 limitation to the contrary and the provisions of any other law pertain- 26 ing to the filing of a notice of claim or a notice of intention to file 27 a claim as a condition precedent to commencement of an action or special 28 proceeding, with respect to all civil claims or causes of action brought 29 by any person for physical, psychological or other injury or condition 30 suffered by such person as a result of conduct which would constitute a 31 sexual offense as defined in article one hundred thirty of the penal law 32 committed against such person who was less than eighteen years of age, 33 sex trafficking as defined in section 230.34 of the penal law committed 34 against such person who was less than eighteen years of age, sex traf- 35 ficking of a child as defined in section 230.34-a of the penal law, 36 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 37 committed against such person who was less than eighteen years of age, 38 or the use of such person in a sexual performance as defined in section 39 263.05 of the penal law, or a predecessor statute that prohibited such 40 conduct at the time of the act, which conduct was committed against such 41 person who was less than eighteen years of age, such action may be 42 commenced, against any party whose intentional or negligent acts or 43 omissions are alleged to have resulted in the commission of said 44 conduct, on or before the plaintiff or infant plaintiff reaches the age 45 of fifty-five years. In any such claim or action, in addition to any 46 other defense and affirmative defense that may be available in accord- 47 ance with law, rule or the common law, to the extent that the acts 48 alleged in such action are of the type described in subdivision one of 49 section 130.30 of the penal law or subdivision one of section 130.45 of 50 the penal law, the affirmative defenses set forth, respectively, in the 51 closing paragraph of such sections of the penal law shall apply. 52 § 4. Section 214-g of the civil practice law and rules, as amended by 53 chapter 130 of the laws of 2020, is amended to read as follows: 54 § 214-g. Certain child sexual abuse cases. Notwithstanding any 55 provision of law which imposes a period of limitation to the contrary 56 and the provisions of any other law pertaining to the filing of a noticeS. 8722 3 1 of claim or a notice of intention to file a claim as a condition prece- 2 dent to commencement of an action or special proceeding, every civil 3 claim or cause of action brought against any party alleging intentional 4 or negligent acts or omissions by a person for physical, psychological, 5 or other injury or condition suffered as a result of conduct which would 6 constitute a sexual offense as defined in article one hundred thirty of 7 the penal law committed against a child less than eighteen years of age, 8 sex trafficking as defined in section 230.34 of the penal law committed 9 against a child less than eighteen years of age, sex trafficking of a 10 child as defined in section 230.34-a of the penal law, incest as defined 11 in section 255.27, 255.26 or 255.25 of the penal law committed against a 12 child less than eighteen years of age, or the use of a child in a sexual 13 performance as defined in section 263.05 of the penal law, or a prede- 14 cessor statute that prohibited such conduct at the time of the act, 15 which conduct was committed against a child less than eighteen years of 16 age, which is barred as of the effective date of this section because 17 the applicable period of limitation has expired, and/or the plaintiff 18 previously failed to file a notice of claim or a notice of intention to 19 file a claim, is hereby revived, and action thereon may be commenced not 20 earlier than six months after, and not later than two years and six 21 months after the effective date of this section. In any such claim or 22 action: (a) in addition to any other defense and affirmative defense 23 that may be available in accordance with law, rule or the common law, to 24 the extent that the acts alleged in such action are of the type 25 described in subdivision one of section 130.30 of the penal law or 26 subdivision one of section 130.45 of the penal law, the affirmative 27 defenses set forth, respectively, in the closing paragraph of such 28 sections of the penal law shall apply; and (b) dismissal of a previous 29 action, ordered before the effective date of this section, on grounds 30 that such previous action was time barred, and/or for failure of a party 31 to file a notice of claim or a notice of intention to file a claim, 32 shall not be grounds for dismissal of a revival action pursuant to this 33 section. 34 § 5. Section 213-c of the civil practice law and rules, as amended by 35 chapter 315 of the laws of 2019, is amended to read as follows: 36 § 213-c. Action by victim of conduct constituting certain sexual 37 offenses. Notwithstanding any other limitation set forth in this arti- 38 cle, except as provided in subdivision (b) of section two hundred eight 39 of this article, all civil claims or causes of action brought by any 40 person for physical, psychological or other injury or condition suffered 41 by such person as a result of conduct which would constitute rape in the 42 first degree as defined in section 130.35 of the penal law, or rape in 43 the second degree as defined in subdivision two of section 130.30 of the 44 penal law, or rape in the third degree as defined in subdivision one or 45 three of section 130.25 of the penal law, or criminal sexual act in the 46 first degree as defined in section 130.50 of the penal law, or criminal 47 sexual act in the second degree as defined in subdivision two of section 48 130.45 of the penal law, or criminal sexual act in the third degree as 49 defined in subdivision one or three of section 130.40 of the penal law, 50 or incest in the first degree as defined in section 255.27 of the penal 51 law, or incest in the second degree as defined in section 255.26 of the 52 penal law (where the crime committed is rape in the second degree as 53 defined in subdivision two of section 130.30 of the penal law or crimi- 54 nal sexual act in the second degree as defined in subdivision two of 55 section 130.45), or aggravated sexual abuse in the first degree as 56 defined in section 130.70 of the penal law, or course of sexual conductS. 8722 4 1 against a child in the first degree as defined in section 130.75 of the 2 penal law, or sex trafficking as defined in section 230.34 of the penal 3 law, or sex trafficking of a child as defined in section 230.34-a of the 4 penal law may be brought against any party whose intentional or negli- 5 gent acts or omissions are alleged to have resulted in the commission of 6 the said conduct, within twenty years. Nothing in this section shall be 7 construed to require that a criminal charge be brought or a criminal 8 conviction be obtained as a condition of bringing a civil cause of 9 action or receiving a civil judgment pursuant to this section or be 10 construed to require that any of the rules governing a criminal proceed- 11 ing be applicable to any such civil action. 12 § 6. The civil practice law and rules is amended by adding a new 13 section 214-j to read as follows: 14 § 214-j. Certain sexual offense actions. Notwithstanding any 15 provision of law which imposes a period of limitation to the contrary 16 and the provisions of any other law pertaining to the filing of a notice 17 of claim or a notice of intention to file a claim as a condition prece- 18 dent to commencement of an action or special proceeding, every civil 19 claim or cause of action brought against any party alleging intentional 20 or negligent acts or omissions by a person 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 such person who was eighteen years of 24 age or older, or sex trafficking as defined in section 230.34 of the 25 penal law committed against such person who was eighteen years of age or 26 older, or incest as defined in section 255.26 or 255.27 of the penal law 27 committed against such person who was eighteen years of age or older, 28 which is barred as of the effective date of this section because the 29 applicable period of limitation has expired, and/or the plaintiff previ- 30 ously failed to file a notice of claim or a notice of intention to file 31 a claim, is hereby revived, and action thereon may be commenced not 32 earlier than six months after, and not later than one year and six 33 months after the effective date of this section. In any such claim or 34 action, dismissal of a previous action, ordered before the effective 35 date of this section, on grounds that such previous action was time 36 barred, and/or for failure of a party to file a notice of claim or a 37 notice of intention to file a claim, shall not be grounds for dismissal 38 of a revival action pursuant to this section. 39 § 7. Paragraph (b) of subdivision 8 of section 50-e of the general 40 municipal law, as added by chapter 11 of the laws of 2019, is amended to 41 read as follows: 42 (b) This section shall not apply to any claim made for physical, 43 psychological, or other injury or condition suffered as a result of 44 conduct which would constitute a sexual offense as defined in article 45 one hundred thirty of the penal law committed against a child less than 46 eighteen years of age, sex trafficking as defined in section 230.34 of 47 the penal law committed against a child less than eighteen years of age, 48 sex trafficking of a child as defined in section 230.34-a of the penal 49 law, incest as defined in section 255.27, 255.26 or 255.25 of the penal 50 law committed against a child less than eighteen years of age, or the 51 use of a child in a sexual performance as defined in section 263.05 of 52 the penal law committed against a child less than eighteen years of age. 53 § 8. Subdivision 5 of section 50-i of the general municipal law, as 54 added by chapter 11 of the laws of 2019, is amended to read as follows: 55 5. Notwithstanding any provision of law to the contrary, this section 56 shall not apply to any claim made against a city, county, town, village,S. 8722 5 1 fire district or school district for physical, psychological, or other 2 injury or condition suffered as a result of conduct which would consti- 3 tute a sexual offense as defined in article one hundred thirty of the 4 penal law committed against a child less than eighteen years of age, sex 5 trafficking as defined in section 230.34 of the penal law committed 6 against a child less than eighteen years of age, sex trafficking of a 7 child as defined in section 230.34-a of the penal law, incest as defined 8 in section 255.27, 255.26 or 255.25 of the penal law committed against a 9 child less than eighteen years of age, or the use of a child in a sexual 10 performance as defined in section 263.05 of the penal law committed 11 against a child less than eighteen years of age. 12 § 9. Subdivision 10 of section 10 of the court of claims act, as added 13 by chapter 11 of the laws of 2019, is amended to read as follows: 14 10. Notwithstanding any provision of law to the contrary, this section 15 shall not apply to any claim to recover damages for physical, psycholog- 16 ical, or other injury or condition suffered as a result of conduct which 17 would constitute a sexual offense as defined in article one hundred 18 thirty of the penal law committed against a child less than eighteen 19 years of age, sex trafficking as defined in section 230.34 of the penal 20 law committed against a child less than eighteen years of age, sex traf- 21 ficking of a child as defined in section 230.34-a of the penal law, 22 incest as defined in section 255.27, 255.26 or 255.25 of the penal law 23 committed against a child less than eighteen years of age, or the use of 24 a child in a sexual performance as defined in section 263.05 of the 25 penal law committed against a child less than eighteen years of age. 26 § 10. Subdivision 2 of section 3813 of the education law, as amended 27 by chapter 11 of the laws of 2019, is amended to read as follows: 28 2. Notwithstanding anything to the contrary hereinbefore contained in 29 this section, no action or special proceeding founded upon tort shall be 30 prosecuted or maintained against any of the parties named in this 31 section or against any teacher or member of the supervisory or adminis- 32 trative staff or employee where the alleged tort was committed by such 33 teacher or member or employee acting in the discharge of his duties 34 within the scope of his employment and/or under the direction of the 35 board of education, trustee or trustees, or governing body of the school 36 unless a notice of claim shall have been made and served in compliance 37 with section fifty-e of the general municipal law. Every such action 38 shall be commenced pursuant to the provisions of section fifty-i of the 39 general municipal law; provided, however, that this section shall not 40 apply to any claim to recover damages for physical, psychological, or 41 other injury or condition suffered as a result of conduct which would 42 constitute a sexual offense as defined in article one hundred thirty of 43 the penal law committed against a child less than eighteen years of age, 44 sex trafficking of a child as defined in section 230.34-a of the penal 45 law committed against a child less than eighteen years of age, incest as 46 defined in section 255.27, 255.26 or 255.25 of the penal law committed 47 against a child less than eighteen years of age, or the use of a child 48 in a sexual performance as defined in section 263.05 of the penal law 49 committed against a child less than eighteen years of age. 50 § 11. Severability. If any clause, sentence, paragraph, section or 51 part of this act shall be adjudged by any court of competent jurisdic- 52 tion to be invalid and after exhaustion of all further judicial review, 53 the judgment shall not affect, impair or invalidate the remainder there- 54 of, but shall be confined in its operation to the clause, sentence, 55 paragraph, section or part of this act directly involved in the contro- 56 versy in which the judgment shall have been rendered.S. 8722 6 1 § 12. This act shall take effect immediately and shall apply to acts 2 or omissions occurring on or after such effective date and to acts or 3 omissions occurring prior to such effective date where the applicable 4 statute of limitations in effect on the date of such act or omission has 5 not yet expired.