S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  648--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL, WEPRIN, ABINANTI, GLICK, SIMON,
   PAULIN,  NIOU,  HEVESI,  CRUZ,  EPSTEIN,  WOERNER,  BICHOTTE HERMELYN,
   FERNANDEZ,  BRONSON, TAYLOR, QUART, SEAWRIGHT, HUNTER, STECK, FRONTUS,
   GUNTHER, PERRY, GONZALEZ-ROJAS, GALLAGHER, MAMDANI,  CLARK,  ANDERSON,
   SEPTIMO,  BURDICK, DICKENS, J. D. RIVERA, SILLITTI, DARLING, DINOWITZ,
   FAHY, MITAYNES, RAMOS, REYES, SOLAGES, LUPARDO, KELLES, FORREST,  KIM,
   GOTTFRIED,  GALEF,  BARRETT, BURGOS, STIRPE, WALLACE, WALKER, JACKSON,
   JACOBSON, McDONOUGH, BUTTENSCHON, McDONALD, AUBRY, DAVILA,  BENEDETTO,
   GIBBS  --  Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GRIFFIN -- read
   once and referred to the Committee on Judiciary -- recommitted to  the
   Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the civil practice law and rules, in relation to the
   statute of limitations for civil actions  related  to  certain  sexual
   offenses  committed  against  a person eighteen years of age or older,
   reviving such actions otherwise barred  by  the  existing  statute  of
   limitations  and  granting  trial  preference  to such actions; and to
   amend the judiciary law, in relation to directing the  chief  adminis-
   trator  of  the courts to promulgate rules for the timely adjudication
   of certain revived actions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The civil practice law and rules is amended by adding a new
 section 214-j to read as follows:
   § 214-J. CERTAIN SEXUAL OFFENSE ACTIONS. 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 PRECEDENT
 TO COMMENCEMENT OF AN ACTION OR SPECIAL PROCEEDING, EVERY CIVIL CLAIM OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00387-03-2
 A. 648--A                           2
 
 CAUSE OF ACTION BROUGHT AGAINST ANY PARTY ALLEGING INTENTIONAL OR NEGLI-
 GENT ACTS OR OMISSIONS BY A PERSON 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 SUCH PERSON WHO WAS EIGHTEEN YEARS OF AGE OR
 OLDER, OR INCEST AS DEFINED IN SECTION 255.26 OR 255.27 OF THE PENAL LAW
 COMMITTED AGAINST SUCH PERSON WHO WAS EIGHTEEN YEARS OF  AGE  OR  OLDER,
 WHICH  IS  BARRED  AS  OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE THE
 APPLICABLE PERIOD OF LIMITATION HAS EXPIRED, AND/OR THE PLAINTIFF PREVI-
 OUSLY 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, 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. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
 law and rules, as added by chapter 11 of the laws of 2019, is amended to
 read as follows:
   7. any action which has been revived pursuant to section  two  hundred
 fourteen-g OR TWO HUNDRED FOURTEEN-J of this chapter.
   §  3.  The  judiciary  law is amended by adding a new section 219-e to
 read as follows:
   § 219-E. RULES REVIVING CERTAIN ACTIONS; SEXUAL  OFFENSES.  THE  CHIEF
 ADMINISTRATOR  OF THE COURTS SHALL PROMULGATE RULES FOR THE TIMELY ADJU-
 DICATION OF REVIVED ACTIONS BROUGHT  PURSUANT  TO  SECTION  TWO  HUNDRED
 FOURTEEN-J OF THE CIVIL PRACTICE LAW AND RULES.
   § 4. 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, paragraph, subdi-
 vision or part thereof directly involved in  the  controversy  in  which
 such judgment shall have been rendered.
   §  5.  This act shall take effect immediately; provided, however, that
 section three of this act shall take effect three months after this  act
 shall have become a law.