Assembly Bill A1854A

2023-2024 Legislative Session

Removes statute of limitations for certain civil actions related to child sexual assault offenses

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-A1854 - Details

See Senate Version of this Bill:
S6099
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§208, 213-c & 214-g, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A8745
2021-2022: A618

2023-A1854 - Summary

Removes statute of limitations for certain civil actions related to child sexual assault offenses.

2023-A1854 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1854
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  removing
   statute  of  limitations  for  certain child sexual assault crimes; to
   amend the civil practice law and rules, in relation  to  removing  the
   statute of limitations in civil actions involving certain child sexual
   assault  offenses;  and  to  repeal  paragraph (e) of subdivision 3 of
   section 30.10 of the criminal procedure law relating to the statute of
   limitations for sexual conduct against a child
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 2 of section 30.10 of the
 criminal procedure law, as amended by chapter 315 of the laws  of  2019,
 is amended to read as follows:
   (a) A prosecution for a class A felony, or RAPE IN THE THIRD DEGREE AS
 DEFINED  IN  SUBDIVISION TWO OF SECTION 130.25 OF THE PENAL LAW, OR RAPE
 IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 130.30  OF
 THE  PENAL LAW, OR rape in the first degree as defined in section 130.35
 of the penal law, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS  DEFINED
 IN SUBDIVISION TWO OF SECTION 130.40 OF THE PENAL LAW, OR CRIMINAL SEXU-
 AL  ACT  IN  THE  SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION
 130.45 OF THE PENAL LAW, or a  crime  defined  or  formerly  defined  in
 section 130.50 of the penal law, OR SEXUAL ABUSE IN THE SECOND DEGREE AS
 DEFINED IN SUBDIVISION TWO OF SECTION 130.60 OF THE PENAL LAW, OR SEXUAL
 ABUSE  IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISIONS THREE AND FOUR OF
 SECTION 130.65 OF THE PENAL LAW,  OR  AGGRAVATED  SEXUAL  ABUSE  IN  THE
 FOURTH  DEGREE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 130.65-A OF THE PENAL LAW, OR  AGGRAVATED  SEXUAL  ABUSE  IN  THE  THIRD
 DEGREE  AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.66
 OF THE PENAL LAW, OR AGGRAVATED SEXUAL ABUSE IN  THE  SECOND  DEGREE  AS
 DEFINED  IN  PARAGRAPH  (C)  OF SUBDIVISION ONE OF SECTION 130.67 OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06673-01-3
              

2023-A1854A (ACTIVE) - Details

See Senate Version of this Bill:
S6099
Current Committee:
Assembly Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§208, 213-c & 214-g, CPLR
Versions Introduced in Other Legislative Sessions:
2019-2020: A8745
2021-2022: A618

2023-A1854A (ACTIVE) - Summary

Removes statute of limitations for certain civil actions related to child sexual assault offenses.

2023-A1854A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1854--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the civil practice law and rules, in relation to  remov-
   ing  the  statute  of  limitations  in civil actions involving certain
   child sexual assault offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision (b) of section 208 of the civil practice law
 and rules, as added by chapter 11 of the laws of  2019,  is  amended  to
 read as follows:
   (b)  Notwithstanding  any  provision  of law which imposes a period of
 limitation to the contrary and the provisions of any other law  pertain-
 ing  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, with respect to all civil claims or causes of action brought
 by any person for physical, psychological or other injury  or  condition
 suffered  by such person as a result of conduct which would constitute a
 sexual offense as defined in article one hundred thirty of the penal law
 committed against such person who was less than eighteen years  of  age,
 incest  as  defined in section 255.27, 255.26 or 255.25 of the penal law
 committed against such person who was less than eighteen years  of  age,
 or  the use of such person 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 such
 person  who  was  less  than  eighteen  years of age, such action may be
 commenced, against any party whose  intentional  or  negligent  acts  or
 omissions  are  alleged  to  have  resulted  in  the  commission of said
 conduct, [on or before] BY the plaintiff or  infant  plaintiff  [reaches

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06673-02-4
              

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