S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6878
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to certain
   actions against law enforcement officers
 
   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-k to read as follows:
   § 214-K. CERTAIN ACTIONS AGAINST LAW ENFORCEMENT OFFICERS. (A) A CLAIM
 ARISING OUT OF AN ALLEGED SEXUAL OFFENSE BY A LAW ENFORCEMENT OFFICER IF
 THE  ALLEGED  OFFENSE  OCCURRED  WHILE THE OFFICER WAS EMPLOYED BY A LAW
 ENFORCEMENT AGENCY IS EXEMPTED FROM ALL STATE AND LOCAL NOTICE OF  CLAIM
 REQUIREMENTS.
   (B)  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 BY A LAW  ENFORCEMENT  OFFICER  WHICH
 OCCURRED  ON OR AFTER THE PLAINTIFF'S EIGHTEENTH BIRTHDAY AND WHILE SUCH
 OFFICER WAS EMPLOYED BY A LAW ENFORCEMENT AGENCY WHICH WOULD  CONSTITUTE
 A SEXUAL OFFENSE, SUCH ACTION MAY BE COMMENCED AGAINST SUCH LAW ENFORCE-
 MENT OFFICER WITHIN THE LATER OF:
   1.  TEN  YEARS  AFTER  THE  DATE OF JUDGMENT AGAINST A LAW ENFORCEMENT
 OFFICER IN A CRIMINAL CASE FOR  A  SEXUAL  OFFENSE  WHERE  THE  JUDGMENT
 AGAINST SUCH LAW ENFORCEMENT OFFICER AROSE OUT OF THE SAME SET OF OPERA-
 TIVE FACTS AS THE ALLEGATION IN THE PRESENT CLAIM; OR
   2.  TEN  YEARS AFTER THE LAW ENFORCEMENT OFFICER IS NO LONGER EMPLOYED
 BY THE LAW ENFORCEMENT AGENCY THAT EMPLOYED THE OFFICER WHEN THE ALLEGED
 SEXUAL OFFENSE OCCURRED.
   (C) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (B) OF THIS SECTION,
 A CLAIM SEEKING TO RECOVER DAMAGES ARISING  OUT  OF  AN  ALLEGED  SEXUAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08742-01-3
              

 A. 6878                             2
 
 OFFENSE  BY  A  LAW  ENFORCEMENT  OFFICER, IF THE ALLEGED SEXUAL OFFENSE
 OCCURRED ON OR AFTER THE PLAINTIFF'S EIGHTEENTH BIRTHDAY AND  WHILE  THE
 OFFICER  WAS  EMPLOYED  BY  A  LAW ENFORCEMENT AGENCY, THAT HAS NOT BEEN
 LITIGATED  TO  FINALITY OR COMPROMISED BY AN EXECUTED WRITTEN SETTLEMENT
 AGREEMENT AND THAT WOULD OTHERWISE  BE  BARRED  BECAUSE  THE  APPLICABLE
 STATUTE  OF  LIMITATIONS,  ANY STATE OR LOCAL GOVERNMENT NOTICE OF CLAIM
 DEADLINE, OR ANY OTHER APPLICABLE TIME  LIMIT  HAS  EXPIRED,  IS  HEREBY
 REVIVED  AND  MAY  BE  COMMENCED IF FILED WITHIN EITHER OF THE FOLLOWING
 PERIODS OF TIME:
   1. TEN YEARS FROM THE DATE OF THE LAST ACT, ATTEMPTED ACT, OR  ASSAULT
 WITH THE INTENT TO COMMIT AN ACT, OF A SEXUAL OFFENSE AGAINST THE PLAIN-
 TIFF; OR
   2.  THREE  YEARS  FROM  THE DATE THE PLAINTIFF DISCOVERS OR REASONABLY
 SHOULD HAVE DISCOVERED THAT AN INJURY OR ILLNESS RESULTED FROM  AN  ACT,
 ATTEMPTED  ACT, OR ASSAULT WITH THE INTENT TO COMMIT AN ACT, OF A SEXUAL
 OFFENSE AGAINST THE PLAINTIFF.
   (D) AS USED IN THIS  SECTION,  THE  FOLLOWING  TERMS  SHALL  HAVE  THE
 FOLLOWING MEANINGS:
   1.  "SEXUAL  OFFENSE" MEANS A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW, OR INCEST AS DEFINED IN SECTION 255.27,
 255.26 OR 255.25 OF THE PENAL LAW.
   2. "LAW ENFORCEMENT OFFICER" MEANS A POLICE OFFICER OR  PEACE  OFFICER
 AS SUCH TERMS ARE DEFINED IN SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   3.  "LAW  ENFORCEMENT  AGENCY"  MEANS  ANY  ENTITY WHICH EMPLOYS A LAW
 ENFORCEMENT OFFICER.
   § 2. This act shall take effect immediately.