Bill Text: NY A09036 | 2019-2020 | General Assembly | Introduced


Bill Title: Extends the time in which to file a claim relating to certain child sexual abuse cases.

Spectrum: Partisan Bill (Democrat 26-0)

Status: (Introduced) 2020-05-27 - substituted by s7082 [A09036 Detail]

Download: New_York-2019-A09036-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9036

                   IN ASSEMBLY

                                    January 10, 2020
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Codes

        AN ACT to amend the civil practice law and rules, in relation to extend-
          ing the statute of limitations for certain child sexual abuse cases

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 214-g of the civil practice law and rules, as added
     2  by chapter 11 of the laws of 2019, is amended to read as follows:
     3    §  214-g.  Certain  child  sexual  abuse  cases.  Notwithstanding  any
     4  provision of law which imposes a period of limitation  to  the  contrary
     5  and the provisions of any other law pertaining to the filing of a notice
     6  of  claim or a notice of intention to file a claim as a condition prece-
     7  dent to commencement of an action or  special  proceeding,  every  civil
     8  claim  or cause of action brought against any party alleging intentional
     9  or negligent acts or omissions by a person for physical,  psychological,
    10  or other injury or condition suffered as a result of conduct which would
    11  constitute  a sexual offense as defined in article one hundred thirty of
    12  the penal law committed against a child less than eighteen years of age,
    13  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
    14  committed against a child less than eighteen years of age, or the use of
    15  a  child  in  a  sexual  performance as defined in section 263.05 of the
    16  penal law, or a predecessor statute that prohibited such conduct at  the
    17  time  of  the act, which conduct was committed against a child less than
    18  eighteen years of age, which is barred as of the effective date of  this
    19  section  because the applicable period of limitation has expired, and/or
    20  the plaintiff previously failed to file a notice of claim or a notice of
    21  intention to file a claim, is hereby revived, and action thereon may  be
    22  commenced  not  earlier  than  six months after, and not later than [one
    23  year] two years and six months after the effective date of this section.
    24  In any such claim or action: (a) in addition to any  other  defense  and
    25  affirmative  defense  that may be available in accordance with law, rule
    26  or the common law, to the extent that the acts alleged  in  such  action
    27  are  of  the  type described in subdivision one of section 130.30 of the
    28  penal law or subdivision one of section 130.45 of  the  penal  law,  the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13720-02-9

        A. 9036                             2

     1  affirmative  defenses  set forth, respectively, in the closing paragraph
     2  of such sections of the penal law shall apply; and (b)  dismissal  of  a
     3  previous  action,  ordered before the effective date of this section, on
     4  grounds that such previous action was time barred, and/or for failure of
     5  a  party  to  file  a notice of claim or a notice of intention to file a
     6  claim, shall not be grounds for dismissal of a revival  action  pursuant
     7  to this section.
     8    § 2. This act shall take effect immediately.
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