S T A T E O F N E W Y O R K
________________________________________________________________________
S. 2440 A. 2683
2019-2020 Regular Sessions
S E N A T E - A S S E M B L Y
January 24, 2019
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IN SENATE -- Introduced by Sens. HOYLMAN, STEWART-COUSINS, ADDABBO,
BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
GIANARIS, GOUNARDES, HARCKHAM, JACKSON, KAMINSKY, KAPLAN, KAVANAGH,
KENNEDY, KRUEGER, LIU, MARTINEZ, MAY, MAYER, METZGER, MONTGOMERY,
MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA,
SERRANO, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed,
and when printed to be committed to the Committee on Judiciary
IN ASSEMBLY -- Introduced by M. of A. L. ROSENTHAL, DINOWITZ, HEASTIE,
PEOPLES-STOKES, ENGLEBRIGHT, GUNTHER, OTIS, JAFFEE, STIRPE, SIMOTAS,
GALEF, MOSLEY, LIFTON, BARRETT, PAULIN, ARROYO, WALKER, WEPRIN,
BICHOTTE, SIMON, BLAKE, CAHILL, SEAWRIGHT, BARRON, BUCHWALD, BRONSON,
HEVESI, HYNDMAN, ORTIZ, NOLAN, JONES, CARROLL, RIVERA, GLICK, NIOU,
DE LA ROSA, PRETLOW, GOTTFRIED, D'URSO, VANEL, TITUS, JEAN-PIERRE,
FERNANDEZ, BENEDETTO, CRUZ, EPSTEIN, FRONTUS, GRIFFIN, JACOBSON,
QUART, REYES, RICHARDSON, ROMEO, RYAN, SAYEGH, BURKE, STECK -- read
once and referred to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the statute
of limitations in criminal prosecution of a sexual offense committed
against a child; to amend the civil practice law and rules, in
relation to the statute of limitations for civil actions related to a
sexual offense committed against a child, reviving such actions other-
wise barred by the existing 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 such actions; to amend the court of claims act, in relation
to providing that the notice of intention to file provisions shall not
apply to such actions; to amend the education law, in relation to
providing that the notice of claim provisions shall not apply to such
actions; and to amend the judiciary law, in relation to judicial
training relating to sexual abuse of minors and rules reviving civil
actions relating to sexual offenses committed against children
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08627-03-9
S. 2440 2 A. 2683
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the
criminal procedure law, as separately amended by chapters 3 and 320 of
the laws of 2006, is amended to read as follows:
(f) For purposes of a prosecution involving a sexual offense as
defined in article one hundred thirty of the penal law, other than a
sexual offense delineated in paragraph (a) of subdivision two of this
section, committed against a child less than eighteen years of age,
incest in the first, second or third degree as defined in sections
255.27, 255.26 and 255.25 of the penal law committed against a child
less than eighteen years of age, or use of a child in a sexual perform-
ance as defined in section 263.05 of the penal law, the period of limi-
tation shall not begin to run until the child has reached the age of
[eighteen] TWENTY-THREE or the offense is reported to a law enforcement
agency or statewide central register of child abuse and maltreatment,
whichever occurs earlier.
§ 2. The opening paragraph of section 208 of the civil practice law
and rules is designated subdivision (a) and a new subdivision (b) is
added to read as follows:
(B) NOTWITHSTANDING ANY PROVISION OF LAW WHICH IMPOSES A PERIOD OF
LIMITATION TO THE CONTRARY AND THE PROVISIONS OF ANY OTHER LAW PERTAIN-
ING 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, WITH RESPECT TO ALL CIVIL CLAIMS OR CAUSES OF ACTION BROUGHT
BY ANY PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION
SUFFERED BY SUCH PERSON AS A RESULT OF CONDUCT WHICH WOULD CONSTITUTE A
SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW
COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
OR THE USE OF SUCH PERSON IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
263.05 OF THE PENAL LAW, OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH
CONDUCT AT THE TIME OF THE ACT, WHICH CONDUCT WAS COMMITTED AGAINST SUCH
PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE, SUCH ACTION MAY BE
COMMENCED, AGAINST ANY PARTY WHOSE INTENTIONAL OR NEGLIGENT ACTS OR
OMISSIONS ARE ALLEGED TO HAVE RESULTED IN THE COMMISSION OF SAID
CONDUCT, ON OR BEFORE THE PLAINTIFF OR INFANT PLAINTIFF REACHES THE AGE
OF FIFTY-FIVE YEARS. IN ANY SUCH CLAIM OR ACTION, IN ADDITION TO ANY
OTHER DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN ACCORD-
ANCE WITH LAW, RULE OR THE COMMON LAW, TO THE EXTENT THAT THE ACTS
ALLEGED IN SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION ONE OF
SECTION 130.30 OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION 130.45 OF
THE PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN THE
CLOSING PARAGRAPH OF SUCH SECTIONS OF THE PENAL LAW SHALL APPLY.
§ 3. The civil practice law and rules is amended by adding a new
section 214-g to read as follows:
§ 214-G. CERTAIN CHILD SEXUAL ABUSE CASES. 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 PRECE-
DENT TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, EVERY CIVIL
CLAIM OR CAUSE OF ACTION BROUGHT AGAINST ANY PARTY ALLEGING INTENTIONAL
OR NEGLIGENT ACTS OR OMISSIONS BY A PERSON FOR PHYSICAL, PSYCHOLOGICAL,
OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD
S. 2440 3 A. 2683
CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
PENAL LAW, OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE
TIME OF THE ACT, WHICH CONDUCT WAS COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE, WHICH IS BARRED AS OF THE EFFECTIVE DATE OF THIS
SECTION BECAUSE THE APPLICABLE PERIOD OF LIMITATION HAS EXPIRED, AND/OR
THE PLAINTIFF PREVIOUSLY 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 MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION. IN ANY SUCH
CLAIM OR ACTION: (A) IN ADDITION TO ANY OTHER DEFENSE AND AFFIRMATIVE
DEFENSE THAT MAY BE AVAILABLE IN ACCORDANCE WITH LAW, RULE OR THE COMMON
LAW, TO THE EXTENT THAT THE ACTS ALLEGED IN SUCH ACTION ARE OF THE TYPE
DESCRIBED IN SUBDIVISION ONE OF SECTION 130.30 OF THE PENAL LAW OR
SUBDIVISION ONE OF SECTION 130.45 OF THE PENAL LAW, THE AFFIRMATIVE
DEFENSES SET FORTH, RESPECTIVELY, IN THE CLOSING PARAGRAPH OF SUCH
SECTIONS OF THE PENAL LAW SHALL APPLY; AND (B) 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.
§ 4. Subdivision (a) of rule 3403 of the civil practice law and rules
is amended by adding a new paragraph 7 to read as follows:
7. ANY ACTION WHICH HAS BEEN REVIVED PURSUANT TO SECTION TWO HUNDRED
FOURTEEN-G OF THIS CHAPTER.
§ 5. Subdivision 8 of section 50-e of the general municipal law, as
amended by chapter 24 of the laws of 1988, is amended to read as
follows:
8. Inapplicability of section. (A) This section shall not apply to
claims arising under the provisions of the workers' compensation law,
the volunteer firefighters' benefit law, or the volunteer ambulance
workers' benefit law or to claims against public corporations by their
own infant wards.
(B) THIS SECTION SHALL NOT APPLY TO ANY CLAIM MADE FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF
CONDUCT WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
255.25 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED
IN SECTION 263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE.
§ 6. Section 50-i of the general municipal law is amended by adding a
new subdivision 5 to read as follows:
5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
FIRE DISTRICT OR SCHOOL DISTRICT 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 A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
S. 2440 4 A. 2683
A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
§ 7. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
ICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH
WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED
THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
YEARS OF AGE.
§ 8. Subdivision 2 of section 3813 of the education law, as amended by
chapter 346 of the laws of 1978, is amended to read as follows:
2. Notwithstanding anything to the contrary hereinbefore contained in
this section, no action or special proceeding founded upon tort shall be
prosecuted or maintained against any of the parties named in this
section or against any teacher or member of the supervisory or adminis-
trative staff or employee where the alleged tort was committed by such
teacher or member or employee acting in the discharge of his duties
within the scope of his employment and/or under the direction of the
board of education, trustee or trustees, or governing body of the school
unless a notice of claim shall have been made and served in compliance
with section fifty-e of the general municipal law. Every such action
shall be commenced pursuant to the provisions of section fifty-i of the
general municipal law; PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR
OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD
CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
§ 9. Section 219-c of the judiciary law, as added by chapter 506 of
the laws of 2011, is amended to read as follows:
§ 219-c. Crimes involving sexual assault AND THE SEXUAL ABUSE OF
MINORS; judicial training. The office of court administration shall
provide training for judges and justices with respect to crimes involv-
ing sexual assault, AND THE SEXUAL ABUSE OF MINORS.
§ 10. The judiciary law is amended by adding a new section 219-d to
read as follows:
§ 219-D. RULES REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES AGAINST CHIL-
DREN. THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES FOR
THE TIMELY ADJUDICATION OF REVIVED ACTIONS BROUGHT PURSUANT TO SECTION
TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES.
§ 11. 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, para-
graph, subdivision or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
S. 2440 5 A. 2683
§ 12. This act shall take effect immediately; except that section nine
of this act shall take effect six months after this act shall have
become a law; provided, however, that training for cases brought pursu-
ant to section 214-g of the civil practice law and rules, as added by
section three of this act, shall commence three months after this act
shall have become a law; and section ten of this act shall take effect
three months after this act shall have become a law.
