What's happening
This bill extends the time and removes notice requirements for filing civil claims against law enforcement officers for alleged sexual offenses.
Why it matters
Removes procedural barriers. for victims of alleged sexual offenses by law enforcement officers, such as state and local notice of claim requirements, making it easier to bring civil lawsuits without prior administrative hurdles.
Significantly extends the window for filing lawsuits. Victims may file a civil claim up to ten years after a related criminal judgment or after the officer leaves employment, greatly lengthening the time period compared to standard statutes of limitations.
Allows revival of previously time-barred claims. The bill permits lawsuits that would otherwise be dismissed for being too late to be brought within ten years of the last alleged act or three years from when the victim discovers their injury, potentially enabling old cases to proceed.
Specifically targets law enforcement-related misconduct. , recognizing the unique power dynamics and possible barriers to reporting or litigating such cases, which could increase accountability for officers and agencies.
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Expand Lawsuits Against Police
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History
- Referred to judiciary
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
275
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. CRUZ -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to certain actions against law enforcement officers
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-k to read as follows:
§ 214-k. Certain actions against law enforcement officers. (a) A claim arising out of an alleged sexual offense by a law enforcement officer if the alleged offense occurred while the officer was employed by a law enforcement agency is exempted from all state and local notice of claim requirements.
(b) Notwithstanding any other limitation set forth in this article, except as provided in subdivision (b) of section two hundred eight of this article, 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 by a law enforcement officer which occurred on or after the plaintiff's eighteenth birthday and while such officer was employed by a law enforcement agency which would constitute a sexual offense, such action may be commenced against such law enforcement officer within the later of:
1. Ten years after the date of judgment against a law enforcement officer in a criminal case for a sexual offense where the judgment against such law enforcement officer arose out of the same set of operative facts as the allegation in the present claim; or
2. Ten years after the law enforcement officer is no longer employed by the law enforcement agency that employed the officer when the alleged sexual offense occurred.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01211-01-5
(c) Notwithstanding the provisions of subdivision (b) of this section, a claim seeking to recover damages arising out of an alleged sexual offense by a law enforcement officer, if the alleged sexual offense occurred on or after the plaintiff's eighteenth birthday and while the officer was employed by a law enforcement agency, that has not been litigated to finality or compromised by an executed written settlement agreement and that would otherwise be barred because the applicable statute of limitations, any state or local government notice of claim deadline, or any other applicable time limit has expired, is hereby revived and may be commenced if filed within either of the following periods of time:
1. Ten years from the date of the last act, attempted act, or assault with the intent to commit an act, of a sexual offense against the plaintiff; or
2. Three years from the date the plaintiff discovers or reasonably should have discovered that an injury or illness resulted from an act, attempted act, or assault with the intent to commit an act, of a sexual offense against the plaintiff.
(d) As used in this section, the following terms shall have the following meanings:
1. "Sexual offense" means a sexual offense as defined in article one hundred thirty of the penal law, or incest as defined in section 255.27, 255.26 or 255.25 of the penal law.
2. "Law enforcement officer" means a police officer or peace officer as such terms are defined in section 1.20 of the criminal procedure law.
3. "Law enforcement agency" means any entity which employs a law enforcement officer.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
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