Assembly Bill A6138

Signed By Governor
2023-2024 Legislative Session

Relates to the filing of claims of adult sexual assault survivors

download bill text pdf

Sponsored By

Current Bill Status Via S5916 - Signed by Governor


  • 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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2023-A6138 (ACTIVE) - Details

See Senate Version of this Bill:
S5916
Law Section:
Court of Claims Act
Laws Affected:
Amd §10, Ct Claims Act; amd §50-e, Gen Muni L; amd §3813, Ed L

2023-A6138 (ACTIVE) - Summary

Exempts a civil claim or cause of action revived pursuant to section two hundred fourteen-j of the civil practice law and rules from certain filing and notice requirements.

2023-A6138 (ACTIVE) - Bill Text download pdf

                             
                     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
              

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