NY State Senate Bill 2019-S6810

Senate Bill S6810

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to judiciary
Oct 25, 2019	referred to rules

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2019-S6810 (ACTIVE) - Details

See Assembly Version of this Bill:: A8726
Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Add §214-h, amd R3403, CPLR; add §219-e, Judy L
Versions Introduced in 2021-2022 Legislative Session:: S66, A648

2019-S6810 (ACTIVE) - Summary

Relates to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, revives such actions otherwise barred by the existing statute of limitations and grants trial preference to such actions; directs the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions.

2019-S6810 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6810

SPONSOR: HOYLMAN
 
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.

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.

2019-S6810 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6810
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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 adminis-
   trator 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 ASSEM-
 BLY, 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 NEGLI-
 GENT ACTS OR OMISSIONS BY A PERSON FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
 INJURY  OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD CONSTI-
 TUTE 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 PREVI-
 OUSLY  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  ADJU-
 DICATION  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,  subdi-
 vision  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.

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