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S7082Senate2019-2020 SessionSame asA9036

Extend Abuse Claim Deadline

Official title

“Extends the time in which to file a claim relating to certain child sexual abuse cases”

Sponsor Brad Hoylman-SigalSD-27+17 co-sponsorsAffects Legal
Status
Signed by Governor
Impact
7/10
Significant
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill extends the statute of limitations for certain child sexual abuse civil cases from one year to two years and six months.

Why it matters

  1. Gives more time for survivors. By extending the window to file civil claims from one year to two years and six months, the bill acknowledges that survivors of child sexual abuse often need more time to come forward due to trauma, fear, or other barriers.

  2. Revives previously time-barred claims. The extension applies to cases that were already barred under the previous statute of limitations, potentially allowing new legal action even if a previous case was dismissed for being filed too late.

  3. Impacts institutions and individuals. Organizations (like schools, churches, or youth groups) and individuals could face increased legal exposure and accountability, as more cases may be brought forward under the extended window.

  4. Addresses procedural barriers. The bill ensures that failing to file certain legal notices in past cases (like a notice of claim) will not prevent a survivor from now seeking justice under the new, longer timeframe.

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Who cares

Headline styles

Extend Abuse Claim Deadline

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

Sponsors

History

  1. Signed chap.130
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.25
  6. Substituted for A9036
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 60–2
  10. Ordered to third reading cal.639
  11. Reported and committed to rules
  12. 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.

A9036Assembly

Extend Time for Abuse Claims

Assembly Floor Calendar · Sponsor Linda Rosenthal

Impact 6 · Moderate0% to pass

Full text

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

STATE OF NEW YORK

7082

IN SENATE (Prefiled)

January 8, 2020

Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary

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

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

[ ] is old law to be omitted.

LBD13720-02-9

S. 7082 2

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 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.

Sponsor's memo

Title of bill

An act to amend the civil practice law and rules, in relation to extend- ing the statute of limitations for certain child sexual abuse cases

Summary of specific provisions

Section 1 of the bill amends section 214-g of the civil practice law and rules, as added by chapter 11 of the laws of 2019, to extend by one year the period of time during which otherwise time-barred civil claims revived by the Child Victims Act may be initiated.

Section 2 of the bill is the effective date.

Justification

In 2019, the New York State Legislature enacted the Child Victims Act, which, among other provisions, created a one-year window during which adult survivors of child sexual abuse would be permitted to file civil actions, even if the statute of limitations had already expired or, in the case of civil actions against public institutions, a notice of claim requirement had gone unmet.

The revival window created by the Child Victims Act opened on August 14, 2019. As of December 2019, four months into the revival window, over 1,300 civil suits have been filed against alleged abusers, on behalf of at least 1,700 survivors.

Extending the length of the revival window would provide more time to notify New Yorkers about the new law and allow more survivors to seek the justice that was denied them by New York's formerly prohibitive civil statute of limitations. Several states that have enacted legis- lation similar to the Child Victims Act have opted to provide a revival window of longer than one year - most recently New Jersey, which provided a two-year window that opened in December 2019.

Prior legislative history

None, new bill.

Fiscal impact

To be determined.

Effective date

This act shall take effect immediately.

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