S T A T E   O F   N E W   Y O R K
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     S. 2440                                                  A. 2683
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 24, 2019
                                ___________
 
 IN  SENATE  --  Introduced  by  Sens. HOYLMAN, STEWART-COUSINS, ADDABBO,
   BAILEY, BENJAMIN, BIAGGI, BRESLIN, BROOKS, CARLUCCI, COMRIE, GAUGHRAN,
   GIANARIS, GOUNARDES, HARCKHAM, JACKSON,  KAMINSKY,  KAPLAN,  KAVANAGH,
   KENNEDY,  KRUEGER,  LIU,  MARTINEZ,  MAY,  MAYER, METZGER, MONTGOMERY,
   MYRIE, PARKER, RAMOS, RIVERA,  SALAZAR,  SANDERS,  SAVINO,  SEPULVEDA,
   SERRANO,  SKOUFIS, STAVISKY, THOMAS -- read twice and ordered printed,
   and when printed to be committed to the Committee on Judiciary
 
 IN ASSEMBLY -- Introduced by M. of A. L. ROSENTHAL,  DINOWITZ,  HEASTIE,
   PEOPLES-STOKES,  ENGLEBRIGHT,  GUNTHER, OTIS, JAFFEE, STIRPE, SIMOTAS,
   GALEF,  MOSLEY,  LIFTON,  BARRETT,  PAULIN,  ARROYO,  WALKER,  WEPRIN,
   BICHOTTE,  SIMON, BLAKE, CAHILL, SEAWRIGHT, BARRON, BUCHWALD, BRONSON,
   HEVESI, HYNDMAN, ORTIZ, NOLAN, JONES, CARROLL,  RIVERA,  GLICK,  NIOU,
   DE LA ROSA,  PRETLOW,  GOTTFRIED,  D'URSO,  VANEL, TITUS, JEAN-PIERRE,
   FERNANDEZ,  BENEDETTO,  CRUZ,  EPSTEIN,  FRONTUS,  GRIFFIN,  JACOBSON,
   QUART,  REYES,  RICHARDSON,  ROMEO, RYAN, SAYEGH, BURKE, STECK -- read
   once and referred to the Committee on Codes

 AN ACT to amend the criminal procedure law, in relation to  the  statute
   of  limitations  in criminal prosecution of a sexual offense committed
   against a child; to  amend  the  civil  practice  law  and  rules,  in
   relation  to the statute of limitations for civil actions related to a
   sexual offense committed against a child, reviving such actions other-
   wise barred by the existing statute of limitations and granting  trial
   preference  to  such  actions;  to amend the general municipal law, in
   relation to providing that the notice of claim  provisions  shall  not
   apply  to  such actions; to amend the court of claims act, in relation
   to providing that the notice of intention to file provisions shall not
   apply to such actions; to amend the  education  law,  in  relation  to
   providing  that the notice of claim provisions shall not apply to such
   actions; and to amend the  judiciary  law,  in  relation  to  judicial
   training  relating  to sexual abuse of minors and rules reviving civil
   actions relating to sexual offenses committed against children
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08627-03-9
              

 S. 2440                             2                            A. 2683
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Paragraph  (f) of subdivision 3 of section 30.10 of the
 criminal procedure law, as separately amended by chapters 3 and  320  of
 the laws of 2006, is amended to read as follows:
   (f)  For  purposes  of  a  prosecution  involving  a sexual offense as
 defined in article one hundred thirty of the penal  law,  other  than  a
 sexual  offense  delineated  in paragraph (a) of subdivision two of this
 section, committed against a child less  than  eighteen  years  of  age,
 incest  in  the  first,  second  or  third degree as defined in sections
 255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
 less  than eighteen years of age, or use of a child in a sexual perform-
 ance as defined in section 263.05 of the penal law, the period of  limi-
 tation  shall  not  begin  to run until the child has reached the age of
 [eighteen] TWENTY-THREE or the offense is reported to a law  enforcement
 agency  or  statewide  central register of child abuse and maltreatment,
 whichever occurs earlier.
   § 2. The opening paragraph of section 208 of the  civil  practice  law
 and  rules  is  designated  subdivision (a) and a new subdivision (b) is
 added to read as follows:
   (B) NOTWITHSTANDING ANY PROVISION OF LAW WHICH  IMPOSES  A  PERIOD  OF
 LIMITATION  TO THE CONTRARY AND THE PROVISIONS OF ANY OTHER LAW PERTAIN-
 ING 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, WITH RESPECT TO 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 WHICH WOULD CONSTITUTE  A
 SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW
 COMMITTED  AGAINST  SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
 INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE  PENAL  LAW
 COMMITTED  AGAINST  SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE,
 OR THE USE OF SUCH PERSON 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 SUCH
 PERSON WHO WAS LESS THAN EIGHTEEN YEARS  OF  AGE,  SUCH  ACTION  MAY  BE
 COMMENCED,  AGAINST  ANY  PARTY  WHOSE  INTENTIONAL OR NEGLIGENT ACTS OR
 OMISSIONS ARE ALLEGED  TO  HAVE  RESULTED  IN  THE  COMMISSION  OF  SAID
 CONDUCT,  ON OR BEFORE THE PLAINTIFF OR INFANT PLAINTIFF REACHES THE AGE
 OF FIFTY-FIVE YEARS. IN ANY SUCH CLAIM OR ACTION,  IN  ADDITION  TO  ANY
 OTHER  DEFENSE  AND AFFIRMATIVE DEFENSE THAT MAY BE AVAILABLE IN ACCORD-
 ANCE 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 AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVELY, IN THE
 CLOSING PARAGRAPH OF SUCH SECTIONS OF THE PENAL LAW SHALL APPLY.
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-g 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 PRECE-
 DENT 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

 S. 2440                             3                            A. 2683
 
 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
 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 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.
   §  4. Subdivision (a) of rule 3403 of the civil practice law and rules
 is amended by adding a new paragraph 7 to read as follows:
   7. ANY ACTION WHICH HAS BEEN REVIVED PURSUANT TO SECTION  TWO  HUNDRED
 FOURTEEN-G OF THIS CHAPTER.
   §  5.  Subdivision  8 of section 50-e of the general municipal law, as
 amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
 follows:
   8.  Inapplicability  of  section.  (A) This section shall not apply to
 claims arising under the provisions of the  workers'  compensation  law,
 the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
 workers' benefit law or to claims against public corporations  by  their
 own infant wards.
   (B)  THIS  SECTION  SHALL  NOT  APPLY  TO ANY CLAIM MADE 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 COMMITTED AGAINST A CHILD  LESS  THAN
 EIGHTEEN YEARS OF AGE.
   §  6. Section 50-i of the general municipal law is amended by adding a
 new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS  SECTION
 SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
 FIRE  DISTRICT  OR SCHOOL DISTRICT 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 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

 S. 2440                             4                            A. 2683
 
 A CHILD IN A SEXUAL PERFORMANCE AS DEFINED  IN  SECTION  263.05  OF  THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   §  7. Section 10 of the court of claims act is amended by adding a new
 subdivision 10 to read as follows:
   10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
 SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
 ICAL, 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 COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
 YEARS OF AGE.
   § 8. Subdivision 2 of section 3813 of the education law, as amended by
 chapter 346 of the laws of 1978, is amended to read as follows:
   2.  Notwithstanding anything to the contrary hereinbefore contained in
 this section, no action or special proceeding founded upon tort shall be
 prosecuted or maintained against  any  of  the  parties  named  in  this
 section  or against any teacher or member of the supervisory or adminis-
 trative staff or employee where the alleged tort was committed  by  such
 teacher  or  member  or  employee  acting in the discharge of his duties
 within the scope of his employment and/or under  the  direction  of  the
 board of education, trustee or trustees, or governing body of the school
 unless  a  notice of claim shall have been made and served in compliance
 with section fifty-e of the general municipal law.   Every  such  action
 shall  be commenced pursuant to the provisions of section fifty-i of the
 general municipal law; PROVIDED, HOWEVER, THAT THIS  SECTION  SHALL  NOT
 APPLY  TO  ANY  CLAIM TO RECOVER DAMAGES 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 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   § 9. Section 219-c of the judiciary law, as added by  chapter  506  of
 the laws of 2011, is amended to read as follows:
   §  219-c.  Crimes  involving  sexual  assault  AND THE SEXUAL ABUSE OF
 MINORS; judicial training. The  office  of  court  administration  shall
 provide  training for judges and justices with respect to crimes involv-
 ing sexual assault, AND THE SEXUAL ABUSE OF MINORS.
   § 10. The judiciary law is amended by adding a new  section  219-d  to
 read as follows:
   § 219-D. RULES REVIVING CERTAIN ACTIONS; SEXUAL OFFENSES AGAINST CHIL-
 DREN.   THE CHIEF ADMINISTRATOR OF THE COURTS SHALL PROMULGATE RULES FOR
 THE TIMELY ADJUDICATION OF REVIVED ACTIONS BROUGHT PURSUANT  TO  SECTION
 TWO HUNDRED FOURTEEN-G OF THE CIVIL PRACTICE LAW AND RULES.
   §  11.  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, para-
 graph, subdivision or part thereof directly involved in the  controversy
 in which such judgment shall have been rendered.

 S. 2440                             5                            A. 2683
 
   § 12. This act shall take effect immediately; except that section nine
 of  this  act  shall  take  effect  six months after this act shall have
 become a law; provided, however, that training for cases brought  pursu-
 ant  to  section  214-g of the civil practice law and rules, as added by
 section  three  of  this act, shall commence three months after this act
 shall have become a law; and section ten of this act shall  take  effect
 three months after this act shall have become a law.