What's happening
This bill extends the statute of limitations for criminal and civil cases involving child sexual abuse, revives previously time-barred claims, and removes certain notice requirements.
Why it matters
Expands the time window for victims to seek justice. By allowing criminal prosecution to begin up to age 23 (instead of 18) and civil lawsuits to be filed up to age 50 for survivors of childhood sexual abuse, the bill recognizes the often-delayed reporting of such trauma and gives survivors more time to come forward.
Revives old, previously expired claims. The bill creates a special one-year-and-six-month period during which survivors whose claims were previously barred by time limits can file lawsuits, potentially exposing previously hidden abuse and holding perpetrators and institutions accountable.
Removes procedural barriers for lawsuits against public institutions. By eliminating notice of claim requirements and certain pre-lawsuit filing steps for cases involving child sexual abuse, the bill ensures that survivors can pursue claims against government agencies (like schools and municipalities) without being blocked by technicalities.
Requires specialized judicial training and prioritizes abuse cases. The legislation mandates that judges receive training on child sexual abuse and that revived cases are given trial preference, meaning survivors’ claims will be handled more sensitively and efficiently, potentially improving both court outcomes and the survivor experience.
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Extend Child Sex Abuse Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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 Time for Child Sex Abuse Cases
In Senate Committee · Codes · Sponsor Brad Hoylman-Sigal
Full text
5 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6722
2017-2018 Regular Sessions
IN SENATE
June 14, 2017
Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- 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 limi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12014-01-7
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tation shall not begin to run until the child has reached the age of [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.
S. 6722 3
§ 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
S. 6722 4
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
This bill would provide necessary relief to child victims of sexual abuse by amending New York's antiquated laws to ensure that perpetrators are held accountable for their actions, regardless of when the crime occurred. Specifically, it would extend the tolling of the statute of limitations for sexual offenses committed against a minor from age 18 to age 23. It would also establish a 50-year statute of limitations period for civil causes of actions relating to sexual offenses committed against a minor, provide a one-year window in which to bring previously time-barred civil claims, and eliminate the need to file a notice of claim for sexual offenses committed against a minor.
Summary of provisions
Section one of the bill would amend Crim. Proc. L. § 30.10(3)(f) to extend the tolling of the statute of limitations for sexual offenses committed against a person less than eighteen years old from eighteen years of age to twenty-three years of age.
Read the full memo (1,124 words)
Section two of the bill would amend Civ. Prac. Law & Rules § 208 to provide that civil causes of action for injury resulting from conduct that would constitute a sexual offense committed against a person who is less than eighteen years of age may be brought at any time before the plaintiff in the action turns 50 years old.
Section three of the bill would amend the Civ. Prac. Law & Rules by adding a new § 214g authorizing certain time-barred causes of action to be revived and commenced within a period of one year.
Section four of the bill would amend Civ. Prac. Law & Rules § 3211 to require that motions to dismiss civil causes of action, which are based on laches, delay, or material impairment in the defense or investigation of a claim, must be supported by a certificate of merit.
Section five of the bill would amend Civ. Prac. Law & Rules § 3403 to create a judicial preference for causes of action that have been revived under § 214-f of the Civil Practice Law & Rules.
Section six of the bill would amend Gen. Mun. L. § 50-e(8) to eliminate the need to file a notice of claim on a public corporation, or any officer or employee thereof, in personal injury cases stemming from sexual offenses committed against a child.
Section seven of the bill would add a new subdivision 5 to Gen. Mun. L § 50-i to eliminate the need to file a notice of claim on any city, county, town, village, fire district or school district for a cause of action stemming from a sexual offense committed against a child.
Section eight of the bill would add a new subdivision 10 to Court of Claims § 10 to eliminate the need to file a notice of claim on the state for a cause of action stemming from a sexual offense committed against a child.
Section nine of the bill would amend Ed. L. § 3813(2) to eliminate the need to file a notice of claim on a school district for a cause of action stemming from a sexual offense committed against a child.
Section ten of the bill would amend Jud. L. § 219-c to require judicial training with respect to crimes involving the sexual abuse of minors.
Section eleven of the bill would add a new § 219-d to the Jud. L. to authorize the Office of Court Administration to promulgate rules and regulations for the timely adjudication of revived actions brought pursuant to section 214-g of the Civil Practice Law & Rules.
Section twelve of the bill would set forth a severability clause.
Section thirteen of the bill would set forth the effective dates.
Statement in support
Child victims are one of the most vulnerable populations of this state. The outdated laws of New York do not adequately address their needs. This bill is necessary to ensure that those who abuse children will eventually pay for their crimes. Extending the tolling period of a statute of limitation for sexual offenses committed against a minor strengthens the protection of our children. Now, perpetrators of these crimes may be held accountable for an additional five years, giving a child victim additional time to come forward with the details of the offense before a statute of limitations has lapsed. Similarly, these victims should be able to bring their civil causes of action against their perpetrators at a point in time when they are mentally and emotionally prepared to address the situation. By increasing the time within which to bring such a cause of action to 50 years, these victims will have ample time to get the justice they deserve.
Moreover, individuals who prey upon children should not receive special protection simply because they committed the offense at a school or municipal building. Currently the law requires a victim to file a notice of his or her claim to sue various entities, such as a municipality or a school district, within 90 days of the occurrence of the event. The elimination of the need to file that notice of claim for these causes of action will allow victims an appropriate amount of time to bring their claims and will not unjustly deprive a victim of their day in court.
Finally, because New York's laws unfairly prejudiced those victims who were offended prior to the passage of this bill, it is necessary to allow them an opportunity to once again bring their causes of action and receive the justice that they so deserve. Therefore, for a period of one year, this bill allows previously time-barred causes of action to be revived and brought before the court.
Budget implications
None.
Effective date
Immediate.
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