What's happening
This bill allows adults to file civil lawsuits for certain past sexual offenses previously barred by the statute of limitations.
Why it matters
Empowers adult survivors of sexual offenses. By reviving civil claims that were previously barred by expired statutes of limitations, the bill gives adults who experienced sexual offenses—including rape and incest—a new opportunity to seek justice that was previously denied by procedural deadlines.
Overrides previous legal barriers. The bill not only revives time-barred cases but also allows claims that were dismissed in the past solely because they were filed late or lacked the appropriate notice of claim, ensuring that prior procedural failures won't block access to the courts now.
Limits the revival window and expedites cases. The bill sets a specific window—between six months and one year and six months after enactment—for filing revived claims, balancing the interests of justice with legal certainty. It also requires the courts to prioritize and expedite these cases, aiming for timely resolutions for survivors.
Signals a broader shift in legal and social accountability. By amending existing laws and directing court administrators to adopt new rules, the legislation reflects a growing recognition of the long-term impacts of sexual trauma and the barriers survivors face, potentially influencing future reforms in New York and beyond.
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Who cares
Survivors of sexual offenses or specified incest committed at age 18 or older
The bill would reopen barred civil claims for a one-year filing window beginning six months after its effective date, including claims barred by missed notice requirements.
Individuals and institutions facing revived claims
They could face lawsuits alleging intentional or negligent acts or omissions despite expired filing deadlines or prior dismissals based on those deadlines or missed notice requirements.
New York courts and the chief administrator of the courts
Revived cases would receive trial preference, and the chief administrator would have to issue rules for their timely adjudication.
Headline styles
Extend Sexual Abuse Lawsuits
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to judiciary
- Referred to rules
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 Sex Abuse Lawsuits Window
In Assembly Committee · Judiciary · Sponsor Linda Rosenthal
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6810
2019-2020 Regular Sessions
IN SENATE
October 25, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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
S. 6810 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.
Sponsor's memo
Title of bill
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 administra- tor of the courts to promulgate rules for the timely adjudication of certain revived actions
Summary of specific provisions
Section 1 of the bill creates a new section 214-h of the Civil Practice Law & Rules to allow for time-barred actions in which conduct which would constitute a sexual offense against a person 18 years of age or older is alleged to be revived, and not be barred by any statute of limitation or notice of claim requirement 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. This section explicitly applies notwithstanding any other section of law pertaining to the filing of a notice of claim or a notice of intention to file a claim as a condition precedent to bringing a civil action against a public institution. This section also makes clear that any revived civil actions brought during the one year window that were previously dismissed due to being time-barred or for failure to file a notice of claim or a notice of intention to file a claim shall not be dismissed on those grounds.
Section 2 of the bill amends rule 3404 of the Civil Practice Law & Rules to establishes a special trial preference for cases which have been revived pursuant to Section 1 of this act.
Read the full memo (680 words)
Section 3 of the bill creates a new section 219-e of the Judiciary Law to require the Chief Administrative Judge of the Office of Court Admin- istration to promulgate rules concerning the timely adjudication of claims revived pursuant to Section 1 of this act.
Section 4 of the bill is a severability clause.
Section 5 of the bill is the effective date.
Justification
In 2019, the New York State Legislature enacted the Child Victims Act (S.2440/A.2683), prospectively increasing the criminal and civil stat- utes of limitations for child sexual offenses, and creating a one-year window for the revival of otherwise time-barred child sexual abuse-re- lated lawsuits. The Legislature also enacted legislation (S.6574/A.8412) to prospectively increase the criminal and civil statutes of limitations for a subset of sexual offenses committed against adults. Both bills were predicated on the widespread recognition that New York's existing statutes of limitations were insufficient in giving survivors of these heinous crimes enough time to pursue justice through criminal charges or filing a civil lawsuit.
New Jersey similarly enacted legislation in 2Q19ò that prospectively increased the civil statute of limitations for both child and adult survivors of sexual offenses, as well as created a two-year window for the revival of otherwise time-barred lawsuits alleging conduct consti- tuting specified sexual offenses. Unlike New York's revival window, however, which applies only to survivors of sexual offenses who were minors at the time of the abuse, the New Jersey window also applies to survivors of sexual offenses who were adults (i.e. 18 or older) at the time of the alleged conduct.
This legislation, the Adult Survivors Act, would create a one-year window for the revival of otherwise time-barred civil claims arising out of sexual offenses committed against people who were 18 or older at the time of the conduct. Those who have had justice denied them as a result of New York's formerly insufficient statutes of limitations should be given the opportunity to seek civil redress against their abuser or their abuser's enablers in a court of law.
Prior legislative history
None, new bill.
Fiscal impact
To be determined.
Effective date
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.