S T A T E O F N E W Y O R K
________________________________________________________________________
9558
I N A S S E M B L Y
January 14, 2026
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, the civil practice law and
rules, the public health law, and the insurance law, in relation to
extending and clarifying the statute of limitations for certain
actions involving child abuse, medical neglect, and medical negligence
involving minors; and to repeal certain provisions of the criminal
procedure law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that survivors
of child abuse, including abuse involving medical neglect or medical
negligence committed against minors, frequently experience delayed
discovery of injury and causation due to psychological trauma, familial
coercion, professional authority, concealment, or collusion by parents,
caregivers, or other trusted individuals.
The legislature further finds that such abuse and negligence may
constitute a continuous course of conduct beginning in childhood and
extending into adulthood through ongoing treatment, misdiagnosis, fail-
ure to disclose material facts, or continued concealment.
The legislature further finds that existing statutes of limitations,
insurance practices, and jurisdictional doctrines may operate to bar
otherwise meritorious claims solely due to the passage of time, notwith-
standing delayed discovery caused by such conduct.
It is therefore the intent of the legislature to expand and clarify
the statute of limitations applicable to such actions, recognize contin-
uous courses of abuse or medical negligence, address concealment and
collusion, and ensure meaningful access to justice.
§ 2. Paragraphs (a), (a-1) and (a-2) of subdivision 2 of section 30.10
of the criminal procedure law, paragraph (a) as amended and paragraphs
(a-1) and (a-2) as added by chapter 315 of the laws of 2019, are amended
to read as follows:
2. Except as otherwise provided in subdivision three OF THIS SECTION:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14362-01-6
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(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 incest in the first
degree as defined in section 255.27 of the penal law may be commenced at
any time;
(a-1) A prosecution for rape in the second degree as defined in subdi-
vision two of section 130.30 of the penal law, OR A PROSECUTION FOR RAPE
IN THE THIRD DEGREE AS DEFINED IN SECTION 130.25 OF THE PENAL LAW, OR
CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS FORMERLY DEFINED IN SECTION
130.40 OF THE PENAL LAW or criminal sexual act in the second degree as
FORMERLY defined in [subdivision two of] section 130.45 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 FORMERLY defined in [subdivision
two of] section 130.45), OR COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN
THE SECOND DEGREE AS DEFINED IN SECTION 130.80 OF THE PENAL LAW must be
commenced [within twenty years after the commission thereof or within
ten years from when the offense is first reported to law enforcement,
whichever occurs earlier] AT ANY TIME BEFORE THE PLAINTIFF REACHES THE
AGE OF FIFTY-FIVE YEARS;
[(a-2) A prosecution for rape in the third degree as defined in subdi-
vision one or three of section 130.25 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 must be commenced within ten years after
the commission thereof;]
§ 3. Paragraph (e) of subdivision 3 of section 30.10 of the criminal
procedure law is REPEALED.
§ 4. 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,
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 perform-
ance as defined in section 263.05 of the penal law, [the period of limi-
tation 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] MAY BE COMMENCED AT ANY TIME BEFORE THE CHILD REACHES
FIFTY-FIVE YEARS OF AGE.
§ 5. Section 213-c of the civil practice law and rules, as amended by
chapter 23 of the laws of 2024, 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
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the second degree as defined in subdivision four, five or six of section
130.30 of the penal law, or rape in the second degree as defined in
former [subdivision two of section 130.30 of the penal law, or rape in
the third degree as defined in subdivision one, two, three, seven, eight
or nine of section 130.25 of the penal law, or a crime formerly defined
in section 130.50 of the penal law, or a crime formerly defined in
[subdivision two of] section 130.45 of the penal law, or a crime former-
ly 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 four, five or six of section 130.30 of the
penal law, or rape in the second degree as formerly defined in subdivi-
sion two of section 130.30 of the penal law, or a crime formerly defined
in [subdivision two of] section 130.45 of the penal law), 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 may be brought
against any party whose intentional or negligent acts or omissions are
alleged to have resulted in the commission of the said conduct, [within
twenty years] AT ANY TIME BEFORE THE VICTIM REACHES THE AGE OF FIFTY-
FIVE 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 judg-
ment pursuant to this section or be construed to require that any of the
rules governing a criminal proceeding be applicable to any such civil
action.
§ 6. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
tice law and rules, as added by chapter 23 of the laws of 2024, is
amended to read as follows:
(b) Whenever it is shown that a criminal action against the same
defendant has been commenced with respect to the event or occurrence
from which a claim governed by this section arises, and such criminal
action is for rape in the first degree as defined in section 130.35 of
the penal law, or a crime formerly defined in section 130.50 of the
penal law, 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,
the plaintiff shall have [at least five years from the termination of
the criminal action as defined in section 1.20 of the criminal procedure
law in which to commence the civil action, notwithstanding that the time
in which to commence such action has already expired or has less than a
year remaining] ANY TIME UNTIL SUCH PLAINTIFF REACHES THE AGE OF FIFTY-
FIVE YEARS TO COMMENCE SUCH ACTION.
§ 7. Section 214-j of the civil practice law and rules, as added by
chapter 203 of the laws of 2022, is amended 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
penal law committed against such person who was eighteen years of age or
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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] AT ANY TIME BEFORE THE
PLAINTIFF REACHES THE AGE OF FIFTY-FIVE YEARS. 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.
§ 8. The civil practice law and rules is amended by adding two new
sections 214-k and 214-l to read as follows:
§ 214-K. ACTIONS ARISING FROM CHILD ABUSE, MEDICAL NEGLECT, OR MEDICAL
NEGLIGENCE INVOLVING MINORS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, AN ACTION TO RECOVER DAMAGES FOR INJURY RESULTING FROM CHILD ABUSE,
INCLUDING PHYSICAL ABUSE, EMOTIONAL ABUSE, MEDICAL NEGLECT, OR MEDICAL
NEGLIGENCE COMMITTED AGAINST A PERSON WHEN SUCH PERSON WAS UNDER EIGH-
TEEN YEARS OF AGE, MAY BE COMMENCED AT ANY TIME BEFORE THE PLAINTIFF
REACHES THE AGE OF FIFTY-FIVE YEARS.
2. THE LIMITATIONS PERIOD FOR SUCH ACTION SHALL BE TOLLED UNTIL THE
PLAINTIFF DISCOVERS, OR REASONABLY SHOULD HAVE DISCOVERED, THE INJURY
AND ITS CAUSAL CONNECTION TO THE ABUSE, NEGLECT, OR MEDICAL NEGLIGENCE.
3. IN DETERMINING WHEN THE PLAINTIFF REASONABLY SHOULD HAVE DISCOVERED
SUCH INJURY AND CAUSAL CONNECTION, THE COURT SHALL CONSIDER ANY CONCEAL-
MENT, MISREPRESENTATION, COERCION, OR CONTINUED NEGLIGENT TREATMENT BY
THE ALLEGED ABUSER OR NEGLIGENT PROVIDER, OR BY ANY PERSON ACTING IN
CONCERT WITH SUCH ABUSER OR PROVIDER.
4. FOR PURPOSES OF THIS SECTION, ACTS OR OMISSIONS THAT BEGIN DURING
MINORITY AND CONTINUE INTO ADULTHOOD, INCLUDING CONTINUED TREATMENT,
MISDIAGNOSIS, FAILURE TO DISCLOSE MATERIAL INFORMATION, OR ONGOING
CONCEALMENT, SHALL BE DEEMED PART OF A SINGLE CONTINUOUS COURSE OF
ABUSE, NEGLECT, OR MEDICAL NEGLIGENCE.
§ 214-L. JURISDICTION; CONTINUOUS TREATMENT; ESTATES. 1. WHERE ACTS OR
OMISSIONS GIVING RISE TO A CLAIM UNDER SECTION TWO HUNDRED FOURTEEN-K OF
THIS ARTICLE OCCURRED IN MORE THAN ONE JURISDICTION, NEW YORK COURTS
SHALL HAVE JURISDICTION WHERE THE PLAINTIFF RESIDED IN THIS STATE FOR A
SUBSTANTIAL PORTION OF CHILDHOOD OR RECEIVED A SUBSTANTIAL PORTION OF
THE TREATMENT OR MEDICAL CONTROL IN THIS STATE.
2. WHERE TREATMENT, MEDICAL ADVICE, OR MEDICAL CONTROL BY THE SAME
PROVIDER EXTENDS OVER A PROLONGED PERIOD AND INVOLVES ACTS OR OMISSIONS
IN MORE THAN ONE JURISDICTION, SUCH CONDUCT SHALL BE TREATED AS A
CONTINUOUS COURSE OF TREATMENT FOR PURPOSES OF ACCRUAL.
3. AN ACTION AUTHORIZED BY SECTION TWO HUNDRED FOURTEEN-K OF THIS
ARTICLE MAY BE MAINTAINED AGAINST THE ALLEGED ABUSER OR NEGLIGENT
PROVIDER, OR AGAINST THE PERSONAL REPRESENTATIVE OF SUCH PERSON'S
ESTATE, IN ACCORDANCE WITH THE ESTATES, POWERS AND TRUSTS LAW.
§ 9. The public health law is amended by adding a new section 2999-k
to read as follows:
§ 2999-K. THE DEPARTMENT OF HEALTH SHALL PROMULGATE REGULATIONS
ADDRESSING MEDICAL MISCONDUCT INVOLVING MINORS WHERE THE PROVIDER IS A
PARENT, GUARDIAN, FAMILY MEMBER, OR CAREGIVER WHO HOLDS MEDICAL LICEN-
SURE OR OTHER PROFESSIONAL CREDENTIALS.
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§ 10. Section 3420 of the insurance law is amended by adding a new
subsection (k) to read as follows:
(K) (1) EVERY POLICY OF MEDICAL MALPRACTICE INSURANCE ISSUED OR DELIV-
ERED IN THIS STATE SHALL PROVIDE COVERAGE FOR ACTS OR OMISSIONS CONSTI-
TUTING MEDICAL NEGLIGENCE INVOLVING A MINOR, WHETHER OR NOT A FORMAL
PROVIDER-PATIENT RELATIONSHIP WAS DOCUMENTED, A FEE WAS CHARGED, OR
SERVICES WERE RENDERED IN A TRADITIONAL CLINICAL SETTING.
(2) ANY POLICY PROVISION PURPORTING TO EXCLUDE OR LIMIT COVERAGE FOR
CLAIMS AUTHORIZED BY SECTION TWO HUNDRED FOURTEEN-K OF THE CIVIL PRAC-
TICE LAW AND RULES ON THE GROUND THAT NO FORMAL BILLING ARRANGEMENT OR
DOCUMENTED PROVIDER-PATIENT RELATIONSHIP EXISTED SHALL BE VOID.
(3) THIS SUBSECTION SHALL APPLY TO ANY POLICY OF MEDICAL MALPRACTICE
INSURANCE IN EFFECT AT THE TIME OF THE ALLEGED ACT OR OMISSION AND SHALL
BE CONSTRUED LIBERALLY IN FAVOR OF COVERAGE.
§ 11. Severability clause. If any provision of this act or its appli-
cation to any person, legal entity, or circumstance is held invalid, the
remainder of this act or the application of the provision to other
persons, legal entities or circumstances shall not be affected.
§ 12. This act shall take effect immediately and shall apply to
actions commenced on or after such date, including actions previously
barred solely by the expiration of the statute of limitations, provided
such actions are commenced within two years of the effective date of
this act.