What's happening
This bill extends the statute of limitations for child sexual offenses, revives expired civil claims, and removes certain procedural barriers for survivors seeking justice.
Why it matters
Significantly extends the time survivors have to seek justice. The bill allows survivors of child sexual offenses to bring civil claims until age 50 (up from age 23), and extends the statute of limitations for related criminal charges, recognizing that trauma can delay disclosure for many years.
Revives previously time-barred civil claims. For a limited window (one year and six months), survivors whose claims had already expired under previous laws can now file lawsuits, potentially allowing hundreds or thousands of previously silenced cases to be heard in court.
Removes procedural barriers against public and private institutions. Survivors can file claims against government entities, schools, and other organizations without needing to file prior notices of claim or similar procedural filings, making it easier to hold institutions accountable for enabling or covering up abuse.
Limits the use of “delay” as a defense and prioritizes these cases. Defendants must specifically prove how the delay in filing prejudiced their case, and simply citing the passage of time is not enough. The bill also gives these cases trial preference and requires judicial training on child sexual abuse, aiming for more informed, survivor-centered adjudication and faster resolution.
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Who cares
Survivors of childhood sexual abuse
The bill would allow covered civil claims to be filed on or before age 50 and open a one-year window, starting six months after its effective date, for otherwise time-barred claims.
District attorneys
For covered offenses against children, the bill would delay the start of the criminal limitations period until age 23 or an earlier report to law enforcement or the statewide child abuse register.
School districts and local governments
The bill would remove specified notice-of-claim and filing requirements for covered childhood sexual abuse claims, while allowing suits alleging intentional or negligent acts or omissions.
Office of Court Administration and judges
The bill would require training on sexual abuse of minors, rules for timely adjudication of revived claims and trial preference for those claims.
Headline styles
Extend Time for Child Sex Abuse Cases
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to rules
Companion bills
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Extend Time for Child Abuse Cases
In Senate Committee · Codes · Sponsor Linda Rosenthal
Expand Time to Sue Abusers
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Extend Child Sex Abuse Lawsuits
In Senate Committee · Codes
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6575
2017-2018 Regular Sessions
IN SENATE
June 5, 2017
Introduced by Sens. HOYLMAN, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
AN ACT to amend the criminal procedure law, in relation to the statute of limitations in criminal prosecution of a sexual offense committed against a child; to amend the civil practice law and rules, in relation to the statute of limitations for civil actions… Show allHide
AN ACT to amend the criminal procedure law, in relation to the statute of limitations in criminal prosecution of a sexual offense committed against a child; to amend the civil practice law and rules, in relation to the statute of limitations for civil actions related to a sexual offense committed against a child, reviving such actions otherwise barred by the existing statute of limitations and granting trial preference to such actions; to amend the general municipal law, in relation to providing that the notice of claim provisions shall not apply to such actions; to amend the court of claims act, in relation to providing that the notice of intention to file provisions shall not apply to such actions; to amend the education law, in relation to providing that the notice of claim provisions shall not apply to such actions; and to amend the judiciary law, in relation to judicial training relating to sexual abuse of minors and rules reviving civil actions relating to sexual offenses committed against children
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, as separately amended by chapters 3 and 320 of the laws of 2006, 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 performance as defined in section 263.05 of the penal law, the period of limitation shall not begin to run until the child has reached the age of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10047-04-7
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[eighteen] twenty-three or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier.
§ 2. The opening paragraph of section 208 of the civil practice law and rules is designated subdivision (a) and a new subdivision (b) is added to read as follows:
(b) Notwithstanding any provision of law which imposes a period of limitation to the contrary, with respect to 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 a sexual offense as defined in article one hundred thirty of the penal law committed against such person who was less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against such person who was less than eighteen years of age, or the use of such person 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 such person who was less than eighteen years of age, such action may be commenced, against any party whose intentional or negligent acts or omissions are alleged to have resulted in the commission of said conduct, on or before the plaintiff or infant plaintiff reaches the age of fifty years. In any such claim or action, in addition to any other defense and affirmative defense that may be available in accordance with law, rule or the common law, to the extent that the acts alleged in such action are of the type described in subdivision one of section 130.30 of the penal law or subdivision one of section 130.45 of the penal law, the affirmative defenses set forth, respectively, in the closing paragraph of such section of the penal law shall apply.
§ 3. The civil practice law and rules is amended by adding a new section 214-g to read as follows:
§ 214-g. Certain child sexual abuse cases. Notwithstanding any provision of law which imposes a period of limitation to the contrary, every civil claim or cause of action 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 less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against a child less than eighteen years of age, 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 less than eighteen years of age, which is barred as of the effective date of this section because the applicable period of limitation has expired 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, subject to paragraph two of subdivision (i) of rule thirty-two hundred eleven of this chapter. In any such claim or action, in addition to any other defense and affirmative defense that may be available in accordance with law, rule or the common law, to the extent that the acts alleged in such action are of the type described in subdivision one of section 130.30 of the penal law or subdivision one of section 130.45 of the penal law, the affirmative defenses set forth, respectively, in the closing paragraph of such section of the penal law shall apply.
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§ 4. Rule 3211 of the civil practice law and rules is amended by adding a new subdivision (i) to read as follows:
(i) Motions to dismiss and motions to dismiss affirmative defenses in certain actions in which conduct constituting the commission of certain sexual offenses are alleged. 1. In any action where the plaintiff seeks to revive an action pursuant to section two hundred fourteen-g of this chapter after the effective date of this subdivision which had been time barred, any affirmative defense of laches, delay, or material impairment in the defense or investigation of the claim must be supported by a certificate of merit submitted by a person with knowledge of the facts setting forth the specific manner in which the defense or investigation has been affected. Said certificate must be filed at or before the time in which the answer is served, unless otherwise provided by order of the court.
2. Upon motion by any party, the court shall determine by a preponderance of the evidence, whether defendant has sustained his or her burden of proof on any motion to dismiss the action or on any affirmative defense in which it is alleged that prejudice has been caused to defendant in the investigation or defense of the action directly resulting from a delay in commencing the action. A defendant shall not be deemed prejudiced solely on account of the passage of time.
3. Furthermore, in any such action, in addition to any other defense and affirmative defense that may be available in accordance with law, rule or the common law, to the extent that the acts alleged in such action are of the type described in subdivision one of section 130.30 of the penal law or subdivision one of section 130.45 of the penal law, the affirmative defenses set forth, respectively, in the closing paragraph of such section of the penal law shall apply.
§ 5. Subdivision (a) of rule 3403 of the civil practice law and rules is amended by adding a new paragraph 7 to read as follows:
7. any action which has been revived pursuant to section two hundred fourteen-g of this chapter.
§ 6. Subdivision 8 of section 50-e of the general municipal law, as amended by chapter 24 of the laws of 1988, is amended to read as follows:
8. Inapplicability of section. (a) This section shall not apply to claims arising under the provisions of the workers' compensation law, the volunteer firefighters' benefit law, or the volunteer ambulance workers' benefit law or to claims against public corporations by their own infant wards.
(b) This section shall not apply to any claim made 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 less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law committed against a child less than eighteen years of age.
§ 7. Section 50-i of the general municipal law is amended by adding a new subdivision 5 to read as follows:
5. Notwithstanding any provision of law to the contrary, this section shall not apply to any claim made against a city, county, town, village, fire district or school district 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
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penal law committed against a child less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law committed against a child less than eighteen years of age.
§ 8. Section 10 of the court of claims act is amended by adding a new subdivision 10 to read as follows:
10. Notwithstanding any provision of law to the contrary, this section shall not apply to any claim to recover damages 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 less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law committed against a child less than eighteen years of age.
§ 9. Subdivision 2 of section 3813 of the education law, as amended by chapter 346 of the laws of 1978, is amended to read as follows:
2. Notwithstanding anything to the contrary hereinbefore contained in this section, no action or special proceeding founded upon tort shall be prosecuted or maintained against any of the parties named in this section or against any teacher or member of the supervisory or administrative staff or employee where the alleged tort was committed by such teacher or member or employee acting in the discharge of his duties within the scope of his employment and/or under the direction of the board of education, trustee or trustees, or governing body of the school unless a notice of claim shall have been made and served in compliance with section fifty-e of the general municipal law. Every such action shall be commenced pursuant to the provisions of section fifty-i of the general municipal law; provided, however, that this section shall not apply to any claim to recover damages 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 less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law committed against a child less than eighteen years of age.
§ 10. Section 219-c of the judiciary law, as added by chapter 506 of the laws of 2011, is amended to read as follows:
§ 219-c. Crimes involving sexual assault and the sexual abuse of minors; judicial training. The office of court administration shall provide training for judges and justices with respect to crimes involving sexual assault, and the sexual abuse of minors.
§ 11. The judiciary law is amended by adding a new section 219-d to read as follows:
§ 219-d. Rules reviving certain actions; sexual offenses against children. The chief administrator of the courts shall promulgate rules for the timely adjudication of revived actions brought pursuant to section two hundred fourteen-g of the civil practice law and rules.
§ 12. The provisions of this act shall be severable, and if any clause, sentence, paragraph, subdivision or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, para-
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graph, subdivision or part thereof directly involved in the controversy in which such judgment shall have been rendered.
§ 13. This act shall take effect immediately; except that section ten of this act shall take effect six months after this act shall have become a law; provided, however, that training for cases brought pursuant to section 214-g of the civil practice law and rules, as added by section three of this act, shall commence three months after this act shall have become a law; and section eleven of this act shall take effect three months after this act shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to the statute of limitations in criminal prosecution of a sexual offense committed against a child; to amend the civil practice law and rules, in relation to the statute of limitations for civil actions related to a sexual offense committed against a child, reviving such actions otherwise barred by the existing statute of limitations and granting trial preference to such actions; to amend the general municipal law, in relation to providing that the notice of claim provisions shall not apply to such actions; to amend the court of claims act, in relation to providing that the notice of intention to file provisions shall not apply to such actions; to amend the education law, in relation to providing that the notice of claim provisions shall not apply to such actions; and to amend the judiciary law, in relation to judicial training relating to sexual abuse of minors and rules reviving civil actions relating to sexual offenses committed against children
Purpose or general idea of bill
The bill amends the Criminal Procedure Law and the Civil Practice Laws and Rules to extend the statutes of limitations in criminal and civil cases involving the sexual abuse of children. It also amends the Civil Practice Law and Rules to allow, under certain circumstances, the revival of previously time barred civil actions which allege conduct representing the commission of certain sexual offenses committed against a child less than eighteen years of age.
Summary of specific provisions
Section 1. Amends the statute of limitations in criminal actions alleging a sex crime against a child under the age of 18. Currently, all B felony sex crimes have no statute of limitations, and for other sex crime felonies, a five year statute of limitations starts to run when the victim turns 18. For misdemeanors, current law contains a two year statute of limitations, which also starts to run at age 18. This section applies to all sex crimes against children which have a statute of limitations and starts the statute running at age 23 of the victim, instead of 18. The statute of limitations in criminal matters is not itself changed, just when the statute of limitations clock starts to run.
Read the full memo (1,150 words)
Section 2. Amends the statute of limitations in civil actions which allege conduct which would constitute a sex crime against a child under the age of 18. Currently, the statute of limitations typically begins to run when the victim turns 18. This section, as amended, now permits an action to be commenced on or before the victim reaches 50 years of age.
Section 3. Allows for time barred actions in which such conduct is alleged to be revived, and not be barred by any statute of limitation otherwise existing in law. Such revival can only take place within a one year window which commences six months from the effective date of the act.
Section 4. Sets standards for motions to dismiss such revived actions, and to dismiss certain affirmative defenses in these actions. In any such action, an affirmative defense in equity alleging lathes, delay, or material impairment in the defense of investigation of the claim must be supported by a certificate of merit submitted by a person with knowledge of the facts.
Section 5. Establishes a special trial preference for cases which have been revived pursuant to this Act.
Sections 6, 7, 8, and 9 remove notice of claim requirements in actions alleging damages resulting from the commission of certain sexual offenses against governmental entities, thus putting governmental and non-governmental defendants on an equal footing. Present law, which requires that a notice of claim must first be served prior to commencing such actions, would not apply to these types of actions.
Section 10. Would require the office of court administration to provide training for judges concerning crimes involving the sexual abuse of minors.
Section 11. Would require the chief administrator of the courts to promulgate rules concerning the timely adjudication of claims revived pursuant to Section 3.
Justification
The societal plague of sexual abuse against minors is now well-documented. Also well-established is how certain abusers - sometimes aided by institutional enablers and facilitators - have been successful in covering up their heinous acts against children, either by guile, threats, intimidation, and/or attacks upon child-victims.
Compounding the effects of these crimes against children has been the consistent locking of the courthouse door to child Sex abuse victims who wish to have their day in court against their abusers, typically as a result of the passage of time in bringing these claims. Indeed, Judge Carmen Ciparick, writing for the Court of Appeals, Stated that if victims of child sex abuse are to be able to obtain judicial relief, the Legislature must first amend our existing statute of limitations laws accordingly (Zumpano v Quinn, 6 NY3d 666, 677 (2006) ("Any exception to be made to allow these types of claims to proceed outside of the applicable statutes of limitations would be for the Legislature, as other states have done.")).
This bill represents just such a legislative exception. The bill is a legislative acknowledgment of the unique character of sex crimes against children, which can have a multitude of effects upon victims, including being justifiably delayed in otherwise timely taking action against their abusers and/or those who facilitated in their abuse. The bill sets up a specific framework for the revival of actions in which the courthouse door has been closed to victims, whether or not a victim previously attempted to litigate in the face of the aforementioned clearly stated legal authority against them.
The bill requires that affirmative defenses of, for example, 'aches, be supported by a certificate of merit submitted by a person with knowledge outlining the basis for the defense. Further, the bill provides for particularized judicial training for judges concerning issues unique to the adjudication of sex crimes committed against minors.
In sum, it was an extraordinary confluence of events which resulted in the systematic sexual abuse of minors coming to light, and this has resulted in this bill, which seeks to allow victims to have their day in court and prove their claims.
Prior legislative history
2016- A.10600(Markey)- Reported to Rules 2016- A.2872(Markey)- Referred to Codes 2015- A.2872(Markey)- Reported to Rules 2014- A.1771A(Markey)- Referred to Codes 2013- A.1771(Markey)- Referred to Codes 2012- A.10814(Markey)- Referred to Codes 2011- A.10814(Markey)- Referred to Codes 2010- A.2596 (Markey)- Referred to Codes 2009- A.2596(Markey) Third Reading 2008- A.4560B(Markey)- Passed Assembly 2007- A.4560B(Markey)- Passed Assembly 2006- A.11723(Markey)- Passed Assembly
Fiscal implications for state and local governments
To be determined.
Effective date
Immediately, except that section ten shall take effect six months after becoming law, provided that training for revived cases shall commence three months after becoming law; and section eleven shall take effect three months after becoming law.
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