Assembly Bill A8726

2019-2020 Legislative Session

Relates to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A8726 (ACTIVE) - Details

See Senate Version of this Bill:
S6810
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §214-h, amd R3403, CPLR; add §219-e, Judy L
Versions Introduced in 2019-2020 Legislative Session:
A8726, S6810

2019-A8726 (ACTIVE) - Summary

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.

2019-A8726 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8726
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-h to read as follows:
   § 214-H. CERTAIN SEXUAL OFFENSE ACTIONS. NOTWITHSTANDING ANY PROVISION
 OF LAW WHICH IMPOSES A PERIOD OF LIMITATION  TO  THE  CONTRARY  AND  THE
 PROVISIONS  OF  ANY  OTHER  LAW  PERTAINING TO THE FILING OF A NOTICE OF
 CLAIM OR A NOTICE OF INTENTION TO FILE A CLAIM AS A CONDITION  PRECEDENT
 TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, EVERY CIVIL CLAIM OR
 CAUSE OF ACTION BROUGHT AGAINST ANY PARTY ALLEGING INTENTIONAL OR NEGLI-
 GENT ACTS OR OMISSIONS BY A PERSON FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
 INJURY  OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTI-
 TUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED  THIRTY  OF  THE
 PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS EIGHTEEN YEARS OF AGE OR
 OLDER, OR INCEST AS DEFINED IN SECTION 255.26 OR 255.27 OF THE PENAL LAW
 COMMITTED  AGAINST  SUCH  PERSON WHO WAS EIGHTEEN YEARS OF AGE OR OLDER,
 WHICH IS BARRED AS OF THE EFFECTIVE DATE OF  THIS  SECTION  BECAUSE  THE
 APPLICABLE PERIOD OF LIMITATION HAS EXPIRED, AND/OR THE PLAINTIFF PREVI-
 OUSLY  FAILED TO FILE A NOTICE OF CLAIM OR A NOTICE OF INTENTION TO FILE
 A CLAIM, IS HEREBY REVIVED, AND ACTION  THEREON  MAY  BE  COMMENCED  NOT
 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.

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