The New York State Senate

 
                     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.

                                                            LBD13754-03-9

 A. 8726                             2
 
 MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION. IN ANY  SUCH  CLAIM  OR
 ACTION,  DISMISSAL  OF  A  PREVIOUS ACTION, ORDERED BEFORE THE EFFECTIVE
 DATE OF THIS SECTION, ON GROUNDS THAT  SUCH  PREVIOUS  ACTION  WAS  TIME
 BARRED,  AND/OR  FOR  FAILURE  OF A PARTY TO FILE A NOTICE OF CLAIM OR A
 NOTICE OF INTENTION TO FILE A CLAIM, SHALL NOT BE GROUNDS FOR  DISMISSAL
 OF A REVIVAL ACTION PURSUANT TO THIS SECTION.
   § 2. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
 law and rules, as added by chapter 11 of the laws of 2019, is amended to
 read as follows:
   7.  any  action which has been revived pursuant to section two hundred
 fourteen-g OR TWO HUNDRED FOURTEEN-H of this chapter.
   § 3. The judiciary law is amended by adding a  new  section  219-e  to
 read as follows:
   §  219-E.  RULES  REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES. THE CHIEF
 ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES FOR THE TIMELY  ADJU-
 DICATION  OF  REVIVED  ACTIONS  BROUGHT  PURSUANT TO SECTION TWO HUNDRED
 FOURTEEN-H OF THE CIVIL PRACTICE LAW AND RULES.
   § 4. The provisions of this act shall be severable, and if any clause,
 sentence, paragraph, subdivision or part of this act shall  be  adjudged
 by  any  court  of  competent  jurisdiction to be invalid, such judgment
 shall not affect, impair, or invalidate the remainder thereof, but shall
 be confined in its operation to the clause, sentence, paragraph,  subdi-
 vision  or  part  thereof  directly involved in the controversy in which
 such judgment shall have been rendered.
   § 5. This act shall take effect immediately; provided,  however,  that
 section  three of this act shall take effect three months after this act
 shall have become a law.