Senate Bill S7082

                            
 
                     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.