LBD01625-09-3
S. 349--B 2
al 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 SEX TRAFFICKING AS
DEFINED IN SECTION 230.34 OF THE PENAL LAW, OR SEX TRAFFICKING OF A
CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW, or incest in the
first degree as defined in section 255.27 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, 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. THIS PARAGRAPH SHALL NOT APPLY TO SEXUAL
OFFENSES DELINEATED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAFFICK-
ING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW COMMITTED AGAINST A
CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAFFICKING OF A CHILD AS
DEFINED IN SECTION 230.34-A OF THE PENAL LAW, 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. 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,
SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW COMMITTED
AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAF-
FICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW,
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-
S. 349--B 3
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.
§ 4. 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. (A) 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.
(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, 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 SEX TRAFFICKING AS DEFINED IN
SECTION 230.34 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE OR SEX TRAFFICKING OF A CHILD AS DEFINED IN
SECTION 230.34-A OF THE PENAL LAW, WHICH IS BARRED AS OF THE EFFECTIVE
DATE OF THIS SUBDIVISION 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
S. 349--B 4
SUBDIVISION. IN ANY SUCH CLAIM OR ACTION, DISMISSAL OF A PREVIOUS
ACTION, ORDERED BEFORE THE EFFECTIVE DATE OF THIS SUBDIVISION, 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 SUBDIVISION.
§ 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. Notwithstanding any other limitation set forth in this article
OR ANY OTHER PROVISION OF LAW WHICH IMPOSES A PERIOD OF LIMITATION TO
THE CONTRARY, 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 crim-
inal 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
subdivision 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, OR SEX TRAFFICKING
AS DEFINED IN SECTION 230.34 OF THE PENAL LAW, OR SEX TRAFFICKING OF A
CHILD AS DEFINED IN SECTION 230.34-A 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. Nothing in this section shall be construed to require that
a criminal charge be brought or a criminal conviction be obtained as a
condition of bringing a civil cause of action or receiving a civil judg-
ment 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. The civil practice law and rules is amended by adding a new
section 214-k to read as follows:
§ 214-K. CERTAIN SEXUAL OFFENSE ACTIONS. 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 SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW
COMMITTED AGAINST SUCH PERSON WHO WAS EIGHTEEN YEARS OF AGE OR OLDER,
WHICH IS BARRED AS OF THE EFFECTIVE DATE OF THIS SECTION BECAUSE THE
APPLICABLE PERIOD OF LIMITATION HAS EXPIRED, AND/OR THE PLAINTIFF PREVI-
S. 349--B 5
OUSLY 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, 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. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
law and rules, as amended by chapter 203 of the laws of 2022, is amended
to read as follows:
7. any action which has been revived pursuant to SUBDIVISION (A) OR
(B) OF section two hundred fourteen-g [or], two hundred fourteen-j, OR
TWO HUNDRED FOURTEEN-K of this chapter.
§ 8. Section 219-e of the judiciary law, as added by chapter 203 of
the laws of 2022, is amended to read as follows:
§ 219-e. Rules reviving certain actions; sexual offenses. The chief
administrator of the courts shall promulgate rules for the timely adju-
dication of revived actions brought pursuant to section two hundred
fourteen-j AND SECTION TWO HUNDRED FOURTEEN-K of the civil practice law
and rules.
§ 9. 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 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, SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL
LAW, 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.
§ 10. Subdivision 5 of section 50-i of the general municipal law, as
added by chapter 11 of the laws of 2019, is amended 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, SEX
TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW COMMITTED
AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAFFICKING OF A
CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW, 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.
§ 11. 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 any claim to recover damages for physical, psycholog-
ical, or other injury or condition suffered as a result of conduct which
S. 349--B 6
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, SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL
LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, SEX TRAF-
FICKING OF A CHILD AS DEFINED IN SECTION 230.34-A OF THE PENAL LAW,
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.
§ 12. 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 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,
SEX TRAFFICKING OF A CHILD AS DEFINED IN SECTION 230.34-A 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.
§ 13. Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of competent jurisdic-
tion to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its operation to the clause, sentence,
paragraph, section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
§ 14. This act shall take effect immediately and shall apply to acts
or omissions occurring on or after such effective date and to acts or
omissions occurring prior to such effective date where the applicable
statute of limitations in effect on the date of such act or omission has
not yet expired.
