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Assembly Bill A8635A

2025-2026 Legislative Session

Relates to the contents of claims

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Bill Amendments

co-Sponsors

2025-A8635 - Details

See Senate Version of this Bill:
S8320
Current Committee:
Assembly Judiciary
Law Section:
Court of Claims Act
Laws Affected:
Amd §11, Ct Claims Act

2025-A8635 - Summary

Provides exceptions from the requirement of specificity in pleadings in certain cases involving sexual offenses.

2025-A8635 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8635
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
   Committee on Judiciary
 
 AN ACT to amend the court of claims act, in relation  to  exemptions  of
   notice provisions for claims brought against a party for certain sexu-
   al offenses
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11 of the court of claims act is amended by  adding
 three new subdivisions d, e and f to read as follows:
   D.  SUBDIVISION  B  OF THIS SECTION SHALL NOT APPLY TO A CLAIM 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, INCEST AS DEFINED IN SECTIONS 255.27, 255.26, OR 255.25
 OF  THE  PENAL LAW COMMITTED AGAINST A CHILD, 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.
   E.    SUBDIVISION B OF THIS SECTION SHALL NOT APPLY TO A CLAIM 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 OR  INCEST  AS
 DEFINED IN SECTIONS 255.27, 255.26, OR 255.25 OF THE PENAL LAW COMMITTED
 AGAINST ANY PERSON WHO WAS EIGHTEEN YEARS OF AGE OR OLDER.
   F.  THE PROVISIONS OF SUBDIVISIONS D AND E OF THIS SECTION SHALL APPLY
 TO:  (I) ANY CLAIM COMMENCED ON OR AFTER THE EFFECTIVE DATE OF  SUBDIVI-
 SIONS  D  AND  E OF THIS SECTION; (II) ANY CLAIM PENDING ON OR AFTER THE
 EFFECTIVE DATE OF SUBDIVISIONS D AND E OF THIS SECTION; AND   (III)  ANY
 CLAIM  WHICH  WAS  DISMISSED FOR FAILURE TO STATE THE TIME WHEN OR PLACE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11837-04-5

co-Sponsors

2025-A8635A (ACTIVE) - Details

See Senate Version of this Bill:
S8320
Current Committee:
Assembly Judiciary
Law Section:
Court of Claims Act
Laws Affected:
Amd §11, Ct Claims Act

2025-A8635A (ACTIVE) - Summary

Provides exceptions from the requirement of specificity in pleadings in certain cases involving sexual offenses.

2025-A8635A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8635--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 22, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL,  TAYLOR,  TAPIA  -- read once and
   referred to the Committee on Judiciary -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the court of claims act, in relation to the contents  of
   claims

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 11 of the court of claims act is amended by  adding
 two new subdivisions d and e to read as follows:
   D.  SUBDIVISION  B  OF THIS SECTION SHALL NOT APPLY TO A CLAIM 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, INCEST AS DEFINED IN SECTION 255.25, 255.26, OR 255.27
 OF THE PENAL LAW COMMITTED AGAINST A CHILD, 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.
   E. SUBDIVISION B OF THIS SECTION SHALL NOT APPLY TO  A  CLAIM  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 OR INCEST AS
 DEFINED IN SECTION 255.25, 255.26, OR 255.27 OF THE PENAL LAW  COMMITTED
 AGAINST ANY PERSON WHO WAS EIGHTEEN YEARS OF AGE OR OLDER.
   § 2. This act shall take effect immediately and shall apply to:
   (a) any claim commenced on or after the effective date of this act;
   (b) any claim pending on or after the effective date of this act; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11837-05-5
 A. 8635--A                          2

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