NY State Senate Bill 2019-S2440

Senate Bill S2440

Signed By Governor

2019-2020 Legislative Session

Provides for the timeliness of commencing criminal and civil action for sexual offenses committed against children

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Archive: Last Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 14, 2019	signed chap.11
Feb 07, 2019	delivered to governor
Jan 28, 2019	returned to senate passed assembly ordered to third reading rules cal.20 substituted for a2683 referred to codes delivered to assembly passed senate ordered to third reading cal.91 reported and committed to rules
Jan 24, 2019	referred to judiciary

Votes

- Jan 28, 2019 - Floor Vote
  S2440
  
  63
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 28, 2019
      
      aye (63)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Young
  Jan 28, 2019 - Rules Committee Vote
  S2440
  
  19
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 28, 2019
      
      aye (19)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins

co-Sponsors

View additional co-sponsors

2019-S2440 (ACTIVE) - Details

See Assembly Version of this Bill:: A2683
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §208, R3403, add §214-g, CPLR; amd §§50-e & 50-i, Gen Muni L; amd §10, Ct Claims Act; amd §3813, Ed L; amd §219-c, add §219-d, Judy L
Versions Introduced in 2019-2020 Legislative Session:: S2440, A2683

2019-S2440 (ACTIVE) - Summary

Provides that the statute of limitations for criminal prosecution of a sexual offense committed against a child shall not begin to run until the child turns 23 years of age; provides that a civil action for conduct constituting a sexual offense against a child, shall be brought before the child turns 55 years of age; revives previously barred actions related to sexual abuse of children; grants civil trial preference to such actions

2019-S2440 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2440

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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 otherwise
barred by the existing statute of limitations and granting trial prefer-
ence 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

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends prospectively the statute of limitations in criminal
actions alleging a sexual offense against a child under the age of 18.
Currently, certain specified class A and class B felony sexual offenses
have no statute of limitations, and for other felony sexual offenses, a
five year statute of limitations starts to run when the victim turns 18.
For misdemeanors, current law contains a two year statute of limita-
tions, which also starts to run at age 18. This section applies to all
sexual offenses against children which have a statute of limitations and
increases the start of the statute running by five years to the victim's
23rd birthday.

Section 2. Amends prospectively the statute of limitations in civil
actions alleging conduct which would constitute a sexual offense against
a child under the age of 18. Under current law, the statute of limita-
tions typically begins to run when the victim turns 18, and the statute
of limitations ranges from one year to five years depending on the type
of claim being brought. This section, as amended, now permits all civil
claims or causes of action brought for physical, psychological or other
injury or condition suffered as a result of conduct which would consti-
tute a sexual offense against a child against any party whose inten-
tional or negligent acts or omissions are alleged to have resulted in
the commission of that conduct up until the victim reaches 55 years of
age. This section explicitly applies notwithstanding any other section
of law pertaining to the filing of a notice of claim or a notice of
intention to file a claim as a condition precedent to bringing a civil
action against a public institution.

Section 3. Allows for time-barred actions in which such conduct is
alleged to be revived, and not be barred by any statute of limitation or
notice of claim requirement otherwise existing in law. Such revival can
only take place within a one year window which commences six months from
the effective date of the act. This section explicitly applies notwith-
standing any other section of 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 bringing a civil action against a public institution. This
section also makes clear that any revived civil actions brought during
the one year window that were previously dismissed due to being time-
barred or for failure to file a notice of claim or a notice of intention
to file a claim shall not be dismissed on those grounds

Section 4. Establishes a special trial preference for cases which have
been revived pursuant to this act.

Sections 5, 6, 7, and 8. Remove notice of claim requirements in actions
alleging damages resulting from the commission of certain sexual
offenses against governmental entities, thus putting governmental and
non-governmental defendants on an equal footing for any civil actions
brought after the effective date of this act, including during the one
year revival window. Current law, which requires that a notice of claim
must first be served prior to commencing such actions, would not apply
to these types of actions.

Section 9. Requires the Office of Court Administration to provide train-
ing for judges concerning crimes involving the sexual abuse of minors.

Section 10. Requires the Chief Administrator of the courts to promulgate
rules concerning the timely adjudication of claims revived pursuant to
Section 3.

 
JUSTIFICATION:

New York is one of the worst states in the nation for survivors of child
sexual abuse. New York currently requires most survivors to file civil
actions or criminal charges against their abusers by the age of 23 at
most, long before most survivors report or come to terms with their
abuse, which has been estimated to be as high as 52 years old on aver-
age. Because of these restrictive statutes of limitations, thousands of
survivors are unable to sue or press charges against their abusers, who
remain hidden from law enforcement and pose a persistent threat to
public safety.

This legislation would open the doors of justice to the thousands of
survivors of child sexual abuse in New York State by prospectively
extending the statute of limitations to age 28 for charging felony sexu-
al offenses, age 25 for charging misdemeanor sexual offenses, and age 55
for bringing civil actions for physical, psychological or other injury
suffered as a result of child sexual abuse against any party whose
intentional or negligent acts or omissions are alleged to have resulted
in the abuse.

This legislation would also establish a one-year window in which adult
survivors of child sexual abuse would be permitted to file civil
actions, even if the statute of limitations had already expired or, in
the case of civil actions against public institutions, a notice of claim
requirement had gone unmet.

Passage of the Child Victims Act will finally allow justice for past and
future survivors of child sexual abuse, help the public identify hidden
child predators through civil litigation discovery, and shift the
significant and lasting costs of child sexual abuse to the responsible
parties.

 
PRIOR LEGISLATIVE HISTORY:

S.6575 of 2017-2018 (Hoylman): Died in Codes
A.5885-A of 2017-2018 (Rosenthal): Passed Assembly
S.63-A of 2015-2016 (Hoylman): Died in Codes (Similar Legislation)
A.2872-A of 2015-2016 (Markey): Died in Codes (Similar Legislation)
S.6367 of 2014 (Hoylman): Died in Codes (Similar Legislation)
A.1771-A of 2013-2014 (Markey): Died in Codes (Similar Legislation)
A.10814-B of 2012 (Markey): Died in Codes (Similar Legislation)

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
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 pursuant 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.

2019-S2440 (ACTIVE) - Bill Text download pdf

                            
 
                     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
                                ___________
 
 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.

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