What's happening
This bill extends the statute of limitations for certain child sexual abuse civil cases from one year to two and a half years.
Why it matters
Expanding the window to sue may allow more survivors of child sexual abuse to seek justice. , particularly those who were previously barred from filing due to expired deadlines or missed procedural requirements.
Organizations (such as schools, churches, or youth groups) and individuals could face increased legal exposure and scrutiny for past abuse allegations. , potentially driving changes in recordkeeping, training, and reporting practices.
The longer timeframe may encourage more thorough investigations and facilitate the gathering of evidence. that might otherwise have been lost, potentially leading to greater accountability for abusers and institutions.
Victims who previously had their cases dismissed for being time-barred or for procedural reasons (like not filing a notice of claim) can now have another opportunity to pursue civil action. , which could provide closure, compensation, or public acknowledgment of harm.
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Who cares
Headline styles
Extend Time for Abuse Claims
Plain English, a few words. Used as the page title.
Sponsors
24 Co-sponsors
- Catalina Cruz
- Dan Quart
- David Weprin
- Felix Ortiz
- Thomas Abinanti
- Deborah Glick
- Steven Otis
- Rodneyse Bichotte Hermelyn
- Steve Stern
- Jonathan Jacobson
- Michael DenDekker
- Michael Blake
- Karines Reyes
- Kevin Cahill
- Yuh-Line Niou
- Walter T. Mosley
- Harvey Epstein
- Rebecca Seawright
- Nathalia Fernandez
- Aravella Simotas
- Albert A. Stirpe
- Jo Anne Simon
- Judy Griffin
- Harry B. Bronson
1 Multi-sponsor
History
- Substituted by S7082
- Rules report cal.25
- Reported
- Reported referred to rules
- Referred to codes
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.
Extend Abuse Claim Deadline
Signed by Governor · Sponsor Brad Hoylman-Sigal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 extending the statute of limitations for certain child sexual abuse cases
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 214-g of the civil practice law and rules, as added by chapter 11 of the laws of 2019, is amended 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 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 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, 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] two years and six months after the effective date of this section. In any such claim or action: (a) 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13720-02-9
A. 9036 2
affirmative defenses set forth, respectively, in the closing paragraph of such sections of the penal law shall apply; and (b) 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. This act shall take effect immediately.
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.