S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  349--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by  Sen.  CLEARE -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Codes  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN  ACT  to amend the criminal procedure law, in relation to the statute
   of limitations in criminal  prosecution  of  certain  sex  trafficking
   crimes;  to amend the civil practice law and rules, in relation to the
   statute of limitations for civil actions related to certain sex  traf-
   ficking offenses, reviving such actions otherwise barred by the exist-
   ing  statute  of  limitations  and  granting  trial preference to such
   actions; to amend the judiciary law, in relation to the rules reviving
   certain sexual offense actions; to amend the general municipal law, in
   relation to providing that the notice of claim  provisions  shall  not
   apply to actions related to certain sex trafficking offenses; to amend
   the  court  of claims act, in relation to providing that the notice of
   intention to file provisions shall not apply  to  actions  related  to
   certain  sex  trafficking offenses; and to amend the education law, in
   relation to providing that the notice of claim  provisions  shall  not
   apply to actions related to certain sex trafficking offenses
 
   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 first degree as
 defined in section 130.35 of the  penal  law,  or  a  crime  defined  or
 formerly defined in section 130.50 of the penal law, or aggravated sexu-
 al  abuse  in the first degree as defined in section 130.70 of the penal
 law, or course of sexual conduct against a child in the first degree  as
 defined  in  section  130.75  of  the  penal  law, OR SEX TRAFFICKING AS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01625-07-3
 S. 349--A                           2
 
 DEFINED IN SECTION 230.34 OF THE PENAL LAW,  OR  SEX  TRAFFICKING  OF  A
 CHILD  AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW, or incest in the
 first degree as defined in section  255.27  of  the  penal  law  may  be
 commenced at any time;
   §  2.  Paragraph (f) of subdivision 3 of section 30.10 of the criminal
 procedure law, as amended by chapter 11 of the laws of 2019, is  amended
 to read as follows:
   (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
 defined in article one hundred thirty of the penal law[,  other  than  a
 sexual  offense  delineated  in paragraph (a) of subdivision two of this
 section,] committed against a child less than eighteen years of age, THE
 PERIOD OF LIMITATION SHALL NOT BEGIN TO RUN UNTIL THE CHILD HAS  REACHED
 THE  AGE OF TWENTY-THREE OR THE OFFENSE IS REPORTED TO A LAW ENFORCEMENT
 AGENCY OR STATEWIDE CENTRAL REGISTER OF CHILD  ABUSE  AND  MALTREATMENT,
 WHICHEVER  OCCURS  EARLIER.    THIS  PARAGRAPH SHALL NOT APPLY TO SEXUAL
 OFFENSES DELINEATED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS  SECTION
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAFFICK-
 ING  AS  DEFINED  IN SECTION 230.34 OF THE PENAL LAW COMMITTED AGAINST A
 CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAFFICKING  OF  A  CHILD  AS
 DEFINED  IN  SECTION  230.34-A  OF  THE  PENAL LAW, incest in the first,
 second or third degree as defined in sections 255.27, 255.26 and  255.25
 of  the  penal law committed against a child less than eighteen years of
 age, or use of a child in a sexual performance  as  defined  in  section
 263.05  of  the  penal law[, the period of limitation shall not begin to
 run until the child has reached the age of twenty-three or  the  offense
 is reported to a law enforcement agency or statewide central register of
 child abuse and maltreatment, whichever occurs earlier].
   §  3.  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,
 SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW  COMMITTED
 AGAINST  SUCH  PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAF-
 FICKING OF A CHILD AS DEFINED IN SECTION  230.34-A  OF  THE  PENAL  LAW,
 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 the plaintiff or infant plaintiff reaches the  age
 of  fifty-five  years.  In  any such claim or action, in addition to any
 other defense and affirmative defense that may be available  in  accord-
 ance  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 penal law or subdivision one of section 130.45 of
 S. 349--A                           3
 
 the penal law, the affirmative defenses set forth, respectively, in  the
 closing paragraph of such sections of the penal law shall apply.
   §  4. Section 214-g of the civil practice law and rules, as amended by
 chapter 130 of the laws of 2020, is amended to read as follows:
   § 214-g. (A) 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  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  affirma-
 tive  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 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.
   (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, 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 SEX TRAFFICKING AS DEFINED IN
 SECTION 230.34 OF THE PENAL LAW COMMITTED  AGAINST  A  CHILD  LESS  THAN
 EIGHTEEN  YEARS  OF  AGE  OR  SEX  TRAFFICKING  OF A CHILD AS DEFINED IN
 SECTION 230.34-A OF THE PENAL LAW, WHICH IS BARRED AS OF  THE  EFFECTIVE
 DATE OF THIS SUBDIVISION 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 AND SIX MONTHS AFTER THE EFFECTIVE DATE OF  THIS
 SUBDIVISION.    IN  ANY  SUCH  CLAIM  OR ACTION, DISMISSAL OF A PREVIOUS
 ACTION, ORDERED BEFORE  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  ON
 GROUNDS THAT SUCH PREVIOUS ACTION WAS TIME BARRED, AND/OR FOR FAILURE OF
 S. 349--A                           4
 
 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 SUBDIVISION.
   §  5. Section 213-c of the civil practice law and rules, as amended by
 chapter 315 of the laws of 2019, is amended to read as follows:
   § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
 offenses.  Notwithstanding  any other limitation set forth in this arti-
 cle, except as provided in subdivision (b) of section two hundred  eight
 of  this  article,  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 rape in the
 first degree as defined in section 130.35 of the penal law, or  rape  in
 the second degree as defined in subdivision two of section 130.30 of the
 penal  law, or rape in the third degree as defined in subdivision one or
 three of section 130.25 of the penal law, or criminal sexual act in  the
 first  degree as defined in section 130.50 of the penal law, or criminal
 sexual act in the second degree as defined in subdivision two of section
 130.45 of the penal law, or criminal sexual act in the third  degree  as
 defined  in subdivision one or three of section 130.40 of the penal law,
 or incest in the first degree as defined in section 255.27 of the  penal
 law,  or incest in the second degree as defined in section 255.26 of the
 penal law (where the crime committed is rape in  the  second  degree  as
 defined  in subdivision two of section 130.30 of the penal law or crimi-
 nal sexual act in the second degree as defined  in  subdivision  two  of
 section  130.45),  or  aggravated  sexual  abuse  in the first degree as
 defined in section 130.70 of the penal law, or course of sexual  conduct
 against  a child in the first degree as defined in section 130.75 of the
 penal law, OR SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE  PENAL
 LAW, OR SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE
 PENAL  LAW  may be brought against any party whose intentional or negli-
 gent acts or omissions are alleged to have resulted in the commission of
 the said conduct, within twenty years. Nothing in this section shall  be
 construed  to  require  that  a criminal charge be brought or a criminal
 conviction be obtained as a condition  of  bringing  a  civil  cause  of
 action  or  receiving  a  civil  judgment pursuant to this section or be
 construed to require that any of the rules governing a criminal proceed-
 ing be applicable to any such civil action.
   § 6. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-k to read as follows:
   §   214-K.  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 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 SEX TRAFFICKING AS DEFINED IN SECTION 230.34 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
 S. 349--A                           5
 
 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.
   § 7. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
 law and rules, as amended by chapter 203 of the laws of 2022, is amended
 to read as follows:
   7.  any  action  which has been revived pursuant to SUBDIVISION (A) OR
 (B) OF section two hundred fourteen-g [or], two hundred  fourteen-j,  OR
 TWO HUNDRED FOURTEEN-K of this chapter.
   §  8.  Section  219-e of the judiciary law, as added by chapter 203 of
 the laws of 2022, is amended 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  AND SECTION TWO HUNDRED FOURTEEN-K of the civil practice law
 and rules.
   § 9. Paragraph (b) of subdivision 8 of section  50-e  of  the  general
 municipal law, as added by chapter 11 of the laws of 2019, is amended to
 read as follows:
   (b)  This  section  shall  not  apply  to any claim made 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, SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF
 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF  THE  PENAL
 LAW,  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 committed against a child less than eighteen years of age.
   § 10. Subdivision 5 of section 50-i of the general municipal  law,  as
 added by chapter 11 of the laws of 2019, is amended to read as follows:
   5.  Notwithstanding any provision of law to the contrary, this section
 shall not apply to any claim made against a city, county, town, village,
 fire district or school district 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 a child less than eighteen years of age, SEX
 TRAFFICKING  AS  DEFINED  IN  SECTION  230.34 OF THE PENAL LAW COMMITTED
 AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX  TRAFFICKING  OF  A
 CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW, 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 committed
 against a child less than eighteen years of age.
   § 11. Subdivision 10 of section 10 of the  court  of  claims  act,  as
 added by chapter 11 of the laws of 2019, is amended to read as follows:
   10. Notwithstanding any provision of law to the contrary, this section
 shall not apply to any claim to recover damages for physical, psycholog-
 ical, 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, SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL
 LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAF-
 FICKING OF A CHILD AS DEFINED IN SECTION  230.34-A  OF  THE  PENAL  LAW,
 S. 349--A                           6
 
 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 committed against a child less than eighteen years of age.
   §  12.  Subdivision 2 of section 3813 of the education law, as amended
 by chapter 11 of the laws of 2019, is amended to read as follows:
   2. Notwithstanding anything to the contrary hereinbefore contained  in
 this section, no action or special proceeding founded upon tort shall be
 prosecuted  or  maintained  against  any  of  the  parties named in this
 section or against any teacher or member of the supervisory or  adminis-
 trative  staff  or employee where the alleged tort was committed by such
 teacher or member or employee acting in  the  discharge  of  his  duties
 within  the  scope  of  his employment and/or under the direction of the
 board of education, trustee or trustees, or governing body of the school
 unless a notice of claim shall have been made and served  in  compliance
 with  section  fifty-e  of  the general municipal law. Every such action
 shall be commenced pursuant to the provisions of section fifty-i of  the
 general  municipal  law;  provided, however, that this section shall not
 apply to any claim to recover damages 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,
 SEX  TRAFFICKING  OF A CHILD AS DEFINED IN SECTION 230.34-A 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
 committed against a child less than eighteen years of age.
   §  13.  Severability.  If  any clause, sentence, paragraph, section or
 part of this act shall be adjudged by any court of  competent  jurisdic-
 tion  to be invalid and after exhaustion of all further judicial review,
 the judgment shall not affect, impair or invalidate the remainder there-
 of, but shall be confined in its  operation  to  the  clause,  sentence,
 paragraph,  section or part of this act directly involved in the contro-
 versy in which the judgment shall have been rendered.
   § 14. This act shall take effect immediately and shall apply  to  acts
 or  omissions  occurring  on or after such effective date and to acts or
 omissions occurring prior to such effective date  where  the  applicable
 statute of limitations in effect on the date of such act or omission has
 not yet expired.