NY State Assembly Bill 2023-A1854A

Assembly Bill A1854A

2023-2024 Legislative Session

Removes statute of limitations for certain civil actions related to child sexual assault offenses

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Current Bill Status - In Assembly 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 25, 2024	print number 1854a
Jan 25, 2024	amend (t) and recommit to codes
Jan 03, 2024	referred to codes
Jan 23, 2023	referred to codes

Bill Amendments

Original

A (Active)

2023-A1854 - Details

Current Committee:: Assembly Codes
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §§208, 213-c & 214-g, CPLR
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8745
2021-2022: A618

2023-A1854 - Summary

Removes statute of limitations for certain civil actions related to child sexual assault offenses.

2023-A1854 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1854
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the criminal procedure  law,  in  relation  to  removing
   statute  of  limitations  for  certain child sexual assault crimes; to
   amend the civil practice law and rules, in relation  to  removing  the
   statute of limitations in civil actions involving certain child sexual
   assault  offenses;  and  to  repeal  paragraph (e) of subdivision 3 of
   section 30.10 of the criminal procedure law relating to the statute of
   limitations for sexual conduct against a child
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  of  subdivision 2 of section 30.10 of the
 criminal procedure law, as amended by chapter 315 of the laws  of  2019,
 is amended to read as follows:
   (a) A prosecution for a class A felony, or RAPE IN THE THIRD DEGREE AS
 DEFINED  IN  SUBDIVISION TWO OF SECTION 130.25 OF THE PENAL LAW, OR RAPE
 IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION 130.30  OF
 THE  PENAL LAW, OR rape in the first degree as defined in section 130.35
 of the penal law, OR CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS  DEFINED
 IN SUBDIVISION TWO OF SECTION 130.40 OF THE PENAL LAW, OR CRIMINAL SEXU-
 AL  ACT  IN  THE  SECOND DEGREE AS DEFINED IN SUBDIVISION ONE OF SECTION
 130.45 OF THE PENAL LAW, or a  crime  defined  or  formerly  defined  in
 section 130.50 of the penal law, OR SEXUAL ABUSE IN THE SECOND DEGREE AS
 DEFINED IN SUBDIVISION TWO OF SECTION 130.60 OF THE PENAL LAW, OR SEXUAL
 ABUSE  IN  THE FIRST DEGREE AS DEFINED IN SUBDIVISIONS THREE AND FOUR OF
 SECTION 130.65 OF THE PENAL LAW,  OR  AGGRAVATED  SEXUAL  ABUSE  IN  THE
 FOURTH  DEGREE AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION
 130.65-A OF THE PENAL LAW, OR  AGGRAVATED  SEXUAL  ABUSE  IN  THE  THIRD
 DEGREE  AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.66
 OF THE PENAL LAW, OR AGGRAVATED SEXUAL ABUSE IN  THE  SECOND  DEGREE  AS
 DEFINED  IN  PARAGRAPH  (C)  OF SUBDIVISION ONE OF SECTION 130.67 OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06673-01-3

 A. 1854                             2
 
 PENAL LAW, or aggravated sexual abuse in the first degree as defined  in
 section  130.70  of the penal law, or course of sexual conduct against a
 child in the first degree as defined in section 130.75 of the penal law,
 OR  COURSE  OF  SEXUAL  CONDUCT  AGAINST A CHILD IN THE SECOND DEGREE AS
 DEFINED IN SECTION 130.80 OF THE PENAL LAW, OR PREDATORY SEXUAL  ASSAULT
 AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW, or incest
 in  the  first  degree as defined in section 255.27 of the penal law, OR
 USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION  263.05  OF
 THE PENAL LAW, may be commenced at any time;
   §  2.  Paragraph (f) of subdivision 3 of section 30.10 of the criminal
 procedure law, as amended by chapter 11 of the laws of 2019, 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,]  A
 PROSECUTION  FOR  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
 performance  as  defined in section 263.05 of the penal law,] the period
 of limitation shall not begin to run until the child has reached the age
 of twenty-three or the offense is reported to a law  enforcement  agency
 or statewide central register of child abuse and maltreatment, whichever
 occurs earlier.
   §  3.  Paragraph (e) of subdivision 3 of section 30.10 of the criminal
 procedure law is REPEALED.
   § 4. Subdivision (b) of section 208 of  the  civil  practice  law  and
 rules, as added by chapter 11 of the laws of 2019, is amended 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] BY the plaintiff or  infant  plaintiff  [reaches
 the  age  of fifty-five years] AT ANY TIME. In any such claim or action,
 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 subdi-
 vision 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.
 A. 1854                             3
 
   § 5. Section 213-c of the civil practice law and rules, as amended  by
 chapter 315 of the laws of 2019, is amended to read as follows:
   §  213-c.  Action  by  victim  of  conduct constituting certain sexual
 offenses. (A) 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  which  would  constitute
 rape  in the first degree as defined in section 130.35 of the penal law,
 or rape in the second degree as defined in subdivision  two  of  section
 130.30  of  the  penal  law,  or  rape in the third degree as defined in
 subdivision one or three of section 130.25 of the penal law, or criminal
 sexual act in the first degree as defined in section 130.50 of the penal
 law, or criminal sexual act in the second degree as defined in  subdivi-
 sion  two  of section 130.45 of the penal law, or criminal sexual act in
 the third degree as defined in  subdivision  one  or  three  of  section
 130.40  of  the  penal  law, or incest in the first degree as defined in
 section 255.27 of the penal law, or  incest  in  the  second  degree  as
 defined in section 255.26 of the penal law (where the crime committed is
 rape  in  the  second  degree  as  defined in subdivision two of section
 130.30 of the penal law or criminal sexual act in the second  degree  as
 defined  in  subdivision  two  of  section 130.45), or aggravated sexual
 abuse in the first degree as defined in section 130.70 of the penal law,
 or course of sexual conduct against a  child  in  the  first  degree  as
 defined  in  section  130.75 of the penal law may be brought against any
 party whose intentional or negligent acts or omissions  are  alleged  to
 have  resulted  in  the  commission  of  the said conduct, within twenty
 years.
   (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL CIVIL CLAIMS OR CAUS-
 ES OF ACTION BROUGHT BY ANY 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  A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 INCEST AS DEFINED IN SECTION 255.25, 255.26 OR 255.27 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, SUCH ACTION MAY BE COMMENCED AT ANY TIME.
   (C) Nothing in this section shall be construed to require that a crim-
 inal charge be brought or a criminal conviction be obtained as a  condi-
 tion  of  bringing a civil cause of action or receiving a civil judgment
 pursuant to this section or be construed to  require  that  any  of  the
 rules  governing  a  criminal proceeding be applicable to any such civil
 action.
   § 6. Section 214-g of the civil practice law and rules, as amended  by
 chapter 130 of the laws of 2020, 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 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
 A. 1854                             4
 
 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 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 affirma-
 tive 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.
   § 7. This act shall take effect immediately.

co-Sponsors

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2023-A1854A (ACTIVE) - Details

Current Committee:: Assembly Codes
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §§208, 213-c & 214-g, CPLR
Versions Introduced in Other Legislative Sessions:: 2019-2020: A8745
2021-2022: A618

2023-A1854A (ACTIVE) - Summary

Removes statute of limitations for certain civil actions related to child sexual assault offenses.

2023-A1854A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1854--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the civil practice law and rules, in relation to  remov-
   ing  the  statute  of  limitations  in civil actions involving certain
   child sexual assault offenses
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.   Subdivision (b) of section 208 of the civil practice law
 and rules, as added by chapter 11 of the laws of  2019,  is  amended  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] BY the plaintiff or  infant  plaintiff  [reaches

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06673-02-4

 A. 1854--A                          2

 the  age  of fifty-five years] AT ANY TIME. In any such claim or action,
 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 subdi-
 vision  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.
   §  2. Section 213-c of the civil practice law and rules, as amended by
 chapter 315 of the laws of 2019, is amended to read as follows:
   § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
 offenses.  (A)  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 which would constitute
 rape in the first degree as defined in section 130.35 of the penal  law,
 or  rape  in  the second degree as defined in subdivision two of section
 130.30 of the penal law, or rape in  the  third  degree  as  defined  in
 subdivision one or three of section 130.25 of the penal law, or criminal
 sexual act in the first degree as defined in section 130.50 of the penal
 law,  or criminal sexual act in the second degree as defined in subdivi-
 sion two of section 130.45 of the penal law, or criminal sexual  act  in
 the  third  degree  as  defined  in  subdivision one or three of section
 130.40 of the penal law, or incest in the first  degree  as  defined  in
 section  255.27  of  the  penal  law,  or incest in the second degree as
 defined in section 255.26 of the penal law (where the crime committed is
 rape in the second degree as  defined  in  subdivision  two  of  section
 130.30  of  the penal law or criminal sexual act in the second degree as
 defined in subdivision two of  section  130.45),  or  aggravated  sexual
 abuse in the first degree as defined in section 130.70 of the penal law,
 or  course  of  sexual  conduct  against  a child in the first degree as
 defined in section 130.75 of the penal law may be  brought  against  any
 party  whose  intentional  or negligent acts or omissions are alleged to
 have resulted in the commission  of  the  said  conduct,  within  twenty
 years.
   (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL CIVIL CLAIMS OR CAUS-
 ES  OF ACTION BROUGHT BY ANY 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 A CHILD LESS THAN  EIGHTEEN  YEARS  OF  AGE,
 INCEST  AS  DEFINED IN SECTION 255.25, 255.26 OR 255.27 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, SUCH ACTION MAY BE COMMENCED AT ANY TIME.
   (C) Nothing in this section shall be construed to require that a crim-
 inal  charge be brought or a criminal conviction be obtained as a condi-
 tion of bringing a civil cause of action or receiving a  civil  judgment
 pursuant  to  this  section  or  be construed to require that any of the
 rules governing a criminal proceeding be applicable to  any  such  civil
 action.
   §  3. Section 214-g of the civil practice law and rules, as amended by
 chapter 130 of the laws of 2020, is amended to read as follows:
 A. 1854--A                          3
 
   §  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
 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  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  affirma-
 tive  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. This act shall take effect immediately.

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Assembly Bill A1854A

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