NY State Senate Bill S7082

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (12)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 03, 2020	signed chap.130
Jul 31, 2020	delivered to governor
May 27, 2020	returned to senate passed assembly ordered to third reading rules cal.25 substituted for a9036 referred to codes delivered to assembly passed senate ordered to third reading cal.639
May 26, 2020	reported and committed to rules
Jan 08, 2020	referred to judiciary

Votes

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May 27, 2020 - floor Vote

S7082

floor

Aye

Nay

Absent

Excused

Abstained

May 26, 2020 - Judiciary committee Vote

S7082

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 24, 2020 - Rules committee Vote

S7082

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

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S7082 (ACTIVE) - Details

See Assembly Version of this Bill:: A9036
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §214-g, CPLR

S7082 (ACTIVE) - Summary

Extends the time in which to file a claim relating to certain child sexual abuse cases.

S7082 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S7082

SPONSOR: HOYLMAN
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to extend-
ing the statute of limitations for certain child sexual abuse cases

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends section 214-g of the civil practice law and
rules, as added by chapter 11 of the laws of 2019, to extend by one year
the period of time during which otherwise time-barred civil claims
revived by the Child Victims Act may be initiated.

Section 2 of the bill is the effective date.

 
JUSTIFICATION:

In 2019, the New York State Legislature enacted the Child Victims Act,
which, among other provisions, created a one-year window during 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.

The revival window created by the Child Victims Act opened on August 14,
2019. As of December 2019, four months into the revival window, over
1,300 civil suits have been filed against alleged abusers, on behalf of
at least 1,700 survivors.

Extending the length of the revival window would provide more time to
notify New Yorkers about the new law and allow more survivors to seek
the justice that was denied them by New York's formerly prohibitive
civil statute of limitations. Several states that have enacted legis-
lation similar to the Child Victims Act have opted to provide a revival
window of longer than one year - most recently New Jersey, which
provided a two-year window that opened in December 2019.

 
PRIOR LEGISLATIVE HISTORY:

None, new bill.

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S7082 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7082
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2020
                                ___________
 
 Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to extend-
   ing the statute of limitations for certain child sexual abuse cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 214-g of the civil practice law and rules, as added
 by chapter 11 of the laws of 2019, is amended 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
 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] TWO YEARS 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13720-02-9

 S. 7082                             2
 
 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.
   § 2. This act shall take effect immediately.

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The New York State Senate

senate Bill S7082

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 26, 2020 - Judiciary committee Vote

Judiciary Committee Vote: May 26, 2020

May 24, 2020 - Rules committee Vote

Rules Committee Vote: May 24, 2020

Co-Sponsors

S7082 (ACTIVE) - Details

S7082 (ACTIVE) - Summary

S7082 (ACTIVE) - Sponsor Memo

S7082 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S7082

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 27, 2020 - floor Vote

Floor Vote: May 27, 2020

May 26, 2020 - Judiciary committee Vote

Judiciary Committee Vote: May 26, 2020

May 24, 2020 - Rules committee Vote

Rules Committee Vote: May 24, 2020

Co-Sponsors

S7082 (ACTIVE) - Details

S7082 (ACTIVE) - Summary

S7082 (ACTIVE) - Sponsor Memo

S7082 (ACTIVE) - Bill Text download pdf

Comments