Senate Bill S6099B

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Codes 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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Bill Amendments

2023-S6099 - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§208, 213-c & 214-g, CPLR

2023-S6099 - Summary

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

2023-S6099 - Sponsor Memo

2023-S6099 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6099
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed 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
              

co-Sponsors

2023-S6099A - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§208, 213-c & 214-g, CPLR

2023-S6099A - Summary

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

2023-S6099A - Sponsor Memo

2023-S6099A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6099--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2023
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
   when printed to be committed to the Committee on Codes --  recommitted
   to  the Committee on Codes in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 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.
                                                            LBD06673-03-4
              

co-Sponsors

2023-S6099B (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §§208, 213-c & 214-g, CPLR

2023-S6099B (ACTIVE) - Summary

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

2023-S6099B (ACTIVE) - Sponsor Memo

2023-S6099B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6099--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 29, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  CHU,  CLEARE, FERNANDEZ, SALAZAR,
   STAVISKY -- read twice and ordered printed, and  when  printed  to  be
   committed to the Committee on Codes -- recommitted to the Committee on
   Codes   in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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,
 SEX TRAFFICKING AS DEFINED IN SECTION 230.34 OF THE PENAL LAW, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06673-06-4
              

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tacijnestcameras
6 months ago

Please pass this bill. The victims of NY deserve this. Thank you

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