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A3805Assembly2017-2018 Session

Let Survivors Sue Abusers

Official title

“Revives causes of action for the sexual assault of an infant which have been barred by the statute of limitations”

Sponsor Joseph LentolAD-50Affects Legal
Status
In Assembly Committee
Codes
Impact
7/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill temporarily revives expired civil claims for sexual assault of minors, allowing such lawsuits to be filed within one year.

Why it matters

  1. Allows survivors of child sexual assault to seek justice for abuse that happened years or even decades ago. , even if the statute of limitations previously prevented civil lawsuits—this can provide closure and accountability that was previously out of reach.

  2. Temporarily overrides the statute of limitations for one year. , creating a unique opportunity for cases that were once dismissed or never brought to court to be revived, potentially exposing patterns of abuse or institutional cover-ups.

  3. Specifies that only offenses defined as sex crimes under New York law (or previous versions) are covered. , ensuring the law targets a specific category of serious abuse against minors and is not broadly applied to unrelated cases.

  4. Excludes cases governed by other states’ statutes of limitations. , which means only New York-based incidents and claims are affected—important for understanding the bill’s reach and who can benefit from this legal window.

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Who cares

Headline styles

Let Survivors Sue Abusers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Joseph Lentol

Assembly Member · Assembly District 50

No co-sponsors yet.

History

  1. Referred to codes
  2. Referred to codes

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3805

2017-2018 Regular Sessions

IN ASSEMBLY

January 30, 2017

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

AN ACT to amend the civil practice law and rules, in relation to actions for sexual assault of an infant and providing for the repeal of such provisions upon expiration thereof

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

Section 1. The civil practice law and rules is amended by adding a new section 215-a to read as follows:

§ 215-a. Actions for sexual assault of an infant. Notwithstanding any provision of law to the contrary, any cause of action for physical or psychological injury sustained by a person under eighteen years of age as a result of a sexual assault, which is barred because the statute of limitations has expired, is hereby revived, and an action thereon may be commenced within one year of the effective date of this section. For the purposes of this section, sexual assault shall be a sex offense as defined under article one hundred thirty of the penal law or a predecessor statute at the time of the act. Any such cause of action previously dismissed because of the statute of limitations may be brought under this section notwithstanding such dismissal. The provisions of this section shall be inapplicable to any civil action governed by the statute of limitations of another jurisdiction.

§ 2. This act shall take effect immediately and shall expire one year after such effective date, when upon such date the provisions of this act shall be deemed repealed; and provided that the provisions of this act shall apply to causes of action pending or commenced on or after the effective date of this act.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03433-01-7

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.