S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1641
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2025
                                ___________
 
 Introduced  by  M.  of  A.  ROSENTHAL, DAVILA, BICHOTTE HERMELYN, SIMON,
   WOERNER, SHRESTHA -- read once and referred to the Committee on Codes
 
 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
 the  age  of fifty-five years] AT ANY TIME. In any such claim or action,
 in addition to any other defense and affirmative  defense  that  may  be
 available  in accordance with law, rule or the common law, to the extent
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04163-01-5
              

 A. 1641                             2
 
 that the acts alleged in such action are of the type described in subdi-
 vision one of section 130.30 of the penal law or subdivision one of  THE
 FORMER  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.
   § 2. Section 213-c of the civil practice law and rules, as amended  by
 chapter 23 of the laws of 2024, is amended to read as follows:
   §  213-c.  Action  by  victim  of  conduct constituting certain sexual
 offenses. (A) 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  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 four, five or six
 of section 130.30 of the penal law, or rape  in  the  second  degree  as
 defined in former subdivision two of section 130.30 of the penal law, or
 rape  in  the  third  degree  as defined in subdivision one, two, three,
 seven, eight or nine of section 130.25 of the  penal  law,  or  a  crime
 formerly defined in section 130.50 of the penal law, or a crime formerly
 defined  in  subdivision  two  of  section 130.45 of the penal law, or a
 crime formerly 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 four, five or six of section
 130.30 of the penal law, or  rape  in  the  second  degree  as  formerly
 defined  in  subdivision  two  of  section 130.30 of the penal law, or a
 crime formerly defined in subdivision two of section 130.45 of the penal
 law), 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
 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.
   (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
 OR ANY OTHER PROVISION OF LAW TO THE CONTRARY, ALL CIVIL CLAIMS OR CAUS-
 ES  OF ACTION BROUGHT BY ANY PERSON 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,
 INCEST  AS  DEFINED IN SECTION 255.25, 255.26 OR 255.27 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, SUCH ACTION MAY BE COMMENCED AT ANY TIME.
   (C) Nothing in this section shall be construed to require that a crim-
 inal  charge be brought or a criminal conviction be obtained as a condi-
 tion of bringing a civil cause of action or receiving a  civil  judgment
 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.
   §  3. 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:
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   §  214-g.  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 THE FORMER 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.
   § 4. This act shall take effect immediately.