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Senate Bill S8624

2025-2026 Legislative Session

Permits courts to award punitive damages against an estate for sexual abuse

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Current Bill Status - In Senate Committee Rules Committee

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2025-S8624 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add §5254, CPLR

2025-S8624 (ACTIVE) - Summary

Permits courts to award punitive damages against an estate for sexual abuse.

2025-S8624 (ACTIVE) - Sponsor Memo

2025-S8624 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8624
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 19, 2025
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules, in relation to permit-
   ting courts to award punitive damages against  an  estate  for  sexual
   abuse

   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 5254 to read as follows:
   § 5254. PUNITIVE DAMAGES AGAINST AN ESTATE FOR SEXUAL ABUSE.  NOTWITH-
 STANDING ANY PROVISION OF THE ESTATES, POWERS AND TRUSTS LAW,  INCLUDING
 BUT  NOT  LIMITED TO SUBPARAGRAPH ONE OF PARAGRAPH (A) OF SECTION 11-3.2
 OF THE ESTATES, POWERS AND TRUSTS LAW, PUNITIVE DAMAGES MAY  BE  AWARDED
 IN  ANY  CIVIL  ACTION  ALLEGING  SEXUAL  ABUSE,  SEXUAL ASSAULT, SEXUAL
 MISCONDUCT, OR SEX TRAFFICKING OF A MINOR OR AN ADULT, AND IN ANY  CIVIL
 ACTION  ARISING FROM CONDUCT OF A SEXUAL NATURE THAT CONSTITUTES A CRIME
 UNDER STATE OR FEDERAL LAW. SUCH ACTIONS INCLUDE, BUT  ARE  NOT  LIMITED
 TO, CLAIMS BROUGHT PURSUANT TO ANY STATE OR MUNICIPAL STATUTE CREATING A
 CIVIL  REMEDY FOR GENDER-MOTIVATED VIOLENCE OR SEXUAL MISCONDUCT.  PUNI-
 TIVE DAMAGES MAY BE SOUGHT, AWARDED, AND ENFORCED AGAINST  THE  PERSONAL
 REPRESENTATIVE  OF  THE  ESTATE OF A DECEASED INDIVIDUAL ALLEGED TO HAVE
 COMMITTED, DIRECTED, ENABLED, OR FACILITATED THE UNDERLYING CONDUCT. THE
 STANDARD OF PROOF FOR AN AWARD OF PUNITIVE DAMAGES IN ACTIONS SUBJECT TO
 THIS SECTION SHALL BE A PREPONDERANCE  OF  THE  EVIDENCE.  NO  CAUSE  OF
 ACTION  COVERED BY THIS SECTION SHALL BE LIMITED, ABATED, OR IMPAIRED BY
 THE DEATH OF THE INDIVIDUAL LIABLE FOR THE CONDUCT, AND PUNITIVE DAMAGES
 SHALL BE RECOVERABLE TO THE SAME  EXTENT  AS  IF  SUCH  INDIVIDUAL  WERE
 LIVING.
   §  2.  This  act  shall take effect immediately and shall apply to all
 pending actions and actions commenced on or after such date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14195-02-5

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