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A8726Assembly2019-2020 SessionSame asS6810

Extend Sex Abuse Lawsuits Window

Official title

“Relates to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older”

Sponsor Linda RosenthalAD-67+24 co-sponsorsAffects Legal
Status
In Assembly Committee
Judiciary
Impact
8/10
Significant
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill revives and allows civil lawsuits for certain sexual offenses against adults that were previously barred by the statute of limitations.

Why it matters

  1. Allows adult survivors of sexual offenses to file civil lawsuits. that were previously barred by expired statutes of limitations, giving them a new window (one year and six months) to seek justice, even if their claims were dismissed before for being too late or for not filing required notices.

  2. Covers a broad range of cases. , including claims based on intentional or negligent acts leading to physical, psychological, or other harm from sexual offenses (as defined in the penal law) or incest, provided the victim was 18 or older at the time.

  3. Overrides previous procedural obstacles. , meaning that prior dismissals due to expired time limits or lack of notice will not stop these revived cases from being heard now.

  4. Requires courts to prioritize these cases and handle them promptly. by directing the chief court administrator to issue rules for timely adjudication, aiming to prevent additional delays for survivors seeking civil remedies.

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Who cares

Headline styles

Extend Sex Abuse Lawsuits Window

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

Sponsors

History

  1. Referred to judiciary
  2. Referred to judiciary

Companion bill

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.

S6810Senate

Extend Sexual Abuse Lawsuits

In Senate Committee · Judiciary · Sponsor Brad Hoylman-Sigal

Impact 8 · Significant0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8726

2019-2020 Regular Sessions

IN ASSEMBLY

November 25, 2019

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

AN ACT to amend the civil practice law and rules, in relation to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, reviving such actions otherwise barred by the existing statute of limitations and granting trial preference to such actions; and to amend the judiciary law, in relation to directing the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions

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 214-h to read as follows:

§ 214-h. Certain sexual offense actions. Notwithstanding any provision of law which imposes a period of limitation to the contrary and the provisions of any other law pertaining to the filing of a notice of claim or a notice of intention to file a claim as a condition precedent to commencement of an action or special proceeding, 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 such person who was eighteen years of age or older, or incest as defined in section 255.26 or 255.27 of the penal law committed against such person who was eighteen years of age or older, which is barred as of the effective date of this section because the applicable period of limitation has expired, and/or the plaintiff previously failed to file a notice of claim or a notice of intention to file a claim, is hereby revived, and action thereon may be commenced not earlier than six months after, and not later than one year and six

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

[ ] is old law to be omitted.

LBD13754-03-9

A. 8726 2

months after the effective date of this section. In any such claim or action, dismissal of a previous action, ordered before the effective date of this section, on grounds that such previous action was time barred, and/or for failure of a party to file a notice of claim or a notice of intention to file a claim, shall not be grounds for dismissal of a revival action pursuant to this section.

§ 2. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice law and rules, as added by chapter 11 of the laws of 2019, is amended to read as follows:

7. any action which has been revived pursuant to section two hundred fourteen-g or two hundred fourteen-h of this chapter.

§ 3. The judiciary law is amended by adding a new section 219-e to read as follows:

§ 219-e. Rules reviving certain actions; sexual offenses. The chief administrator of the courts shall promulgate rules for the timely adjudication of revived actions brought pursuant to section two hundred fourteen-h of the civil practice law and rules.

§ 4. 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, paragraph, subdivision or part thereof directly involved in the controversy in which such judgment shall have been rendered.

§ 5. This act shall take effect immediately; provided, however, that section three 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.

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