S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6138
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Codes
 
 AN ACT to amend the court of claims act, the general municipal law,  and
   the  education  law,  in  relation to the making technical corrections
   regarding the filing and service of claims  of  adult  sexual  assault
   survivors

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 10 of the court of claims act, as
 added by chapter 11 of the laws of 2019, is amended to read as follows:
   10. Notwithstanding any provision of law to the contrary, this section
 shall not apply to: (I) 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; OR
   (II) ANY CIVIL CLAIM OR CAUSE OF ACTION REVIVED  PURSUANT  TO  SECTION
 TWO HUNDRED FOURTEEN-J OF THE CIVIL PRACTICE LAW AND RULES.
   §  2.  Paragraph  (b)  of subdivision 8 of section 50-e of the general
 municipal law, as added by chapter 11 of the laws of 2019, is amended to
 read as follows:
   (b) This section shall not apply to: (I) 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08225-02-3
              

 A. 6138                             2
 
 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; OR
   (II)  ANY  CIVIL  CLAIM OR CAUSE OF ACTION REVIVED PURSUANT TO SECTION
 TWO HUNDRED FOURTEEN-J OF THE CIVIL PRACTICE LAW AND RULES.
   § 3. Subdivision 2 of section 3813 of the education law, as amended by
 chapter 11 of the laws of 2019, 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: (I) 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; OR
   (II) ANY CIVIL CLAIM OR CAUSE OF ACTION REVIVED  PURSUANT  TO  SECTION
 TWO HUNDRED FOURTEEN-J OF THE CIVIL PRACTICE LAW AND RULES.
   § 4. This act shall take effect immediately and shall apply to actions
 and proceedings pending on or after such effective date.