senate Bill S7082

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Judiciary Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to judiciary

Co-Sponsors

S7082 (ACTIVE) - Details

See Assembly Version of this Bill:
A9036
Current Committee:
Senate Judiciary
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

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

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