NY State Senate Bill S66A

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 (25)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2022	signed chap.203
May 23, 2022	delivered to governor returned to senate passed assembly ordered to third reading rules cal.282 substituted for a648a
Apr 26, 2022	referred to judiciary delivered to assembly passed senate
Mar 03, 2022	advanced to third reading
Mar 02, 2022	2nd report cal.
Mar 01, 2022	1st report cal.581
Feb 11, 2022	print number 66a
Feb 11, 2022	amend and recommit to finance
Jan 11, 2022	reported and committed to finance
Jan 05, 2022	referred to judiciary returned to senate died in assembly
Jun 03, 2021	referred to judiciary delivered to assembly passed senate
May 26, 2021	ordered to third reading cal.1291 committee discharged and committed to rules
May 11, 2021	reported and committed to finance
Jan 06, 2021	referred to judiciary

Votes

view votes

Apr 26, 2022 - floor Vote

S66A

floor

Aye

Nay

Absent

Excused

Abstained

Mar 1, 2022 - Finance committee Vote

S66A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jan 11, 2022 - Judiciary committee Vote

S66

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Jun 3, 2021 - floor Vote

S66

floor

Aye

Nay

Absent

Excused

Abstained

May 26, 2021 - Rules committee Vote

S66

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 11, 2021 - Judiciary committee Vote

S66

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S66 - Details

See Assembly Version of this Bill:: A648
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-j, amd R3403, CPLR; add §219-e, Judy L
Versions Introduced in 2019-2020 Legislative Session:: S6810, A8726

S66 - Summary

Relates to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, revives such actions otherwise barred by the existing statute of limitations and grants trial preference to such actions; directs the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions.

S66 - Sponsor Memo

 
BILL NUMBER: S66

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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 limi-
tations and granting trial preference to such actions; and to amend the
judiciary law, in relation to directing the chief administrator of the
courts to promulgate rules for the timely adjudication of certain
revived actions

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill creates a new section 214-h of the Civil Practice
Law & Rules to allow for time-barred actions in which conduct which
would constitute a sexual offense against a person 18 years of age or
older 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 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. 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 2 of the bill amends rule 3404 of the Civil Practice Law & Rules
to establishes a special trial preference for cases which have been
revived pursuant to Section 1 of this act.

Section 3 of the bill creates a new section 219-e of the Judiciary Law
to require the Chief Administrative Judge of the Office of Court Admin-
istration to promulgate rules concerning the timely adjudication of
claims revived pursuant to Section 1 of this act.

Section 4 of the bill is a severability clause. Section 5 of the bill is
the effective date.

 
JUSTIFICATION:

In 2019, the New York State Legislature enacted the Child Victims Act
(S.2440/A.2683), prospectively increasing the criminal and civil stat-
utes of limitations for child sexual offenses, and creating a one-year
window for the revival of otherwise time-barred child sexual abuse-re-
lated lawsuits. The Legislature also enacted legislation (S.6574/A.8412)
to prospectively increase the criminal and civil statutes of limitations
for a subset of sexual offenses committed against adults. Both bills
were predicated on the widespread recognition that New York's existing
statutes of limitations were insufficient in giving survivors of these
heinous crimes enough time to pursue justice through criminal charges or
filing a civil lawsuit.  New Jersey similarly enacted legislation in
2Q19ò that prospectively increased the civil statute of limitations for
both child and adult survivors of sexual offenses, as well as created a
two-year window for the revival of otherwise time-barred lawsuits alleg-
ing conduct constituting specified sexual offenses. Unlike New York's
revival window, however, which applies only to survivors of sexual
offenses who were minors at the time of the abuse, the New Jersey window
also applies to survivors of sexual offenses who were adults (i.e. 18 or
older) at the time of the alleged conduct.

This legislation, the Adult Survivors Act, would create a one-year
window for the revival of otherwise time-barred civil claims arising out
of sexual offenses committed against people who were 18 or older at the
time of the conduct. Those who have had justice denied them as a result
of New York's formerly insufficient statutes of limitations should be
given the opportunity to seek civil redress against their abuser or
their abuser's enablers in a court of law.

 
PRIOR LEGISLATIVE HISTORY:

S.6810 of 2019-2020 (Hoylman): Died in Judiciary A.8726 of 2019-2020
(Rosenthal L): Died in Judiciary

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
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.

S66 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    66
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. HOYLMAN, BIAGGI, GOUNARDES, JACKSON, KAPLAN, KENNE-
   DY, LIU, MAY, SALAZAR -- 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 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-i to read as follows:
   § 214-I. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00387-01-1

 S. 66                               2
 
 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-I 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-I 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.

Co-Sponsors

view additional co-sponsors

S66A (ACTIVE) - Details

See Assembly Version of this Bill:: A648
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-j, amd R3403, CPLR; add §219-e, Judy L
Versions Introduced in 2019-2020 Legislative Session:: S6810, A8726

S66A (ACTIVE) - Summary

S66A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S66A

SPONSOR: HOYLMAN
 
TITLE OF BILL:

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 limi-
tations and granting trial preference to such actions; and to amend the
judiciary law, in relation to directing the chief administrator of the
courts to promulgate rules for the timely adjudication of certain
revived actions

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill creates a new section 214-j of the Civil Practice
Law & Rules to allow for time-barred actions in which conduct which
would constitute a sexual offense against a person 18 years of age or
older 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 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. 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 2 of the bill amends rule 3404 of the Civil Practice Law & Rules
to establishes a special trial preference for cases which have been
revived pursuant to Section 1 of this act.

Section 3 of the bill creates a new section 219-e of the Judiciary Law
to require the Chief Administrative Judge of the Office of Court Admin-
istration to promulgate rules concerning the timely adjudication of
claims revived pursuant to Section 1 of this act.

Section 4 of the bill is a severability clause.

Section 5 of the bill is the effective date.

 
JUSTIFICATION:

In 2019, the New York State Legislature enacted the Child Victims Act
(S.2440/A.2683), prospectively increasing the criminal and civil stat-
utes of limitations for child sexual offenses, and creating a one-year
window for the revival of otherwise time-barred child sexual abuse-re-
lated lawsuits. The Legislature also enacted legislation (S.6574/A.8412)
to prospectively increase the criminal and civil statutes of limitations
for a subset of sexual offenses committed against adults. Both bills
were predicated on the widespread recognition that New York's existing
statutes of limitations were insufficient in giving survivors of these
heinous crimes enough time to pursue justice through criminal charges or
filing a civil lawsuit.  New Jersey similarly enacted legislation in
2Q19ò that prospectively increased the civil statute of limitations for
both child and adult survivors of sexual offenses, as well as created a
two-year window for the revival of otherwise time-barred lawsuits alleg-
ing conduct constituting specified sexual offenses. Unlike New York's
revival window, however, which applies only to survivors of sexual
offenses who were minors at the time of the abuse, the New Jersey window
also applies to survivors of sexual offenses who were adults (i.e. 18 or
older) at the time of the alleged conduct.

This legislation, the Adult Survivors Act, would create a one-year
window for the revival of otherwise time-barred civil claims arising out
of sexual offenses committed against people who were 18 or older at the
time of the conduct. Those who have had justice denied them as a result
of New York's formerly insufficient statutes of limitations should be
given the opportunity to seek civil redress against their abuser or
their abuser's enablers in a court of law.

 
PRIOR LEGISLATIVE HISTORY:

S.66 of 2021 (Hoylman): Passed Senate. Died in Assembly.
A.648 of 2021  (Rosenthal): Died in Judiciary
S.6810 of 2019-2020 (Hoylman): Died in Judiciary
A.8726 of 2019-2020(Rosenthal L): Died in Judiciary

 
FISCAL IMPACT:

To be determined.

 
EFFECTIVE DATE:
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.

S66A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   66--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced by Sens. HOYLMAN, BAILEY, BIAGGI, BROOKS, GAUGHRAN, GIANARIS,
   GOUNARDES,  HARCKHAM, HINCHEY, JACKSON, KAPLAN, KENNEDY, KRUEGER, LIU,
   MAY,  MYRIE,  RAMOS,  REICHLIN-MELNICK,  RIVERA,  SALAZAR,  SEPULVEDA,
   SKOUFIS,  STAVISKY -- read twice and ordered printed, and when printed
   to be committed to the Committee on Judiciary --  recommitted  to  the
   Committee  on  Judiciary  in  accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee and committed to the  Committee
   on Finance -- 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00387-02-2
 S. 66--A                            2
 
 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.

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The New York State Senate

senate Bill S66A

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 26, 2022 - floor Vote

Floor Vote: Apr 26, 2022

Mar 1, 2022 - Finance committee Vote

Finance Committee Vote: Mar 1, 2022

Jan 11, 2022 - Judiciary committee Vote

Committee Vote: Jan 11, 2022

Jun 3, 2021 - floor Vote

Floor Vote: Jun 3, 2021

May 26, 2021 - Rules committee Vote

Committee Vote: May 26, 2021

May 11, 2021 - Judiciary committee Vote

Committee Vote: May 11, 2021

Bill Amendments

Co-Sponsors

S66 - Details

S66 - Summary

S66 - Sponsor Memo

S66 - Bill Text download pdf

Co-Sponsors

S66A (ACTIVE) - Details

S66A (ACTIVE) - Summary

S66A (ACTIVE) - Sponsor Memo

S66A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S66A

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 26, 2022 - floor Vote

Floor Vote: Apr 26, 2022

Mar 1, 2022 - Finance committee Vote

Finance Committee Vote: Mar 1, 2022

Jan 11, 2022 - Judiciary committee Vote

Committee Vote: Jan 11, 2022

Jun 3, 2021 - floor Vote

Floor Vote: Jun 3, 2021

May 26, 2021 - Rules committee Vote

Committee Vote: May 26, 2021

May 11, 2021 - Judiciary committee Vote

Committee Vote: May 11, 2021

Bill Amendments

Co-Sponsors

S66 - Details

S66 - Summary

S66 - Sponsor Memo

S66 - Bill Text download pdf

Co-Sponsors

S66A (ACTIVE) - Details

S66A (ACTIVE) - Summary

S66A (ACTIVE) - Sponsor Memo

S66A (ACTIVE) - Bill Text download pdf

Comments