S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    116
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  CLEARE,  BORRELLO,  FERNANDEZ,  JACKSON, KRUEGER,
   MARTINEZ, MURRAY, MYRIE, PALUMBO,  ROLISON,  SALAZAR,  WEBER  --  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  the  statute
   of  limitations  in  criminal  prosecution  of certain sex trafficking
   crimes; to amend the civil practice law and rules, in relation to  the
   statute  of limitations for civil actions related to certain sex traf-
   ficking offenses, reviving such actions otherwise barred by the exist-
   ing statute of limitations  and  granting  trial  preference  to  such
   actions; to amend the judiciary law, in relation to the rules reviving
   certain sexual offense actions; to amend the general municipal law, in
   relation  to  providing  that the notice of claim provisions shall not
   apply to actions related to certain sex trafficking offenses; to amend
   the court of claims act, in relation to providing that the  notice  of
   intention  to  file  provisions  shall not apply to actions related to
   certain sex trafficking offenses; and to amend the education  law,  in
   relation  to  providing  that the notice of claim provisions shall not
   apply to actions related to certain sex trafficking offenses
 
   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 first degree as
 defined  in  section  130.35  of  the  penal  law, or a crime defined or
 formerly defined in section 130.50 of the penal law, or aggravated sexu-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00226-01-5
 S. 116                              2
 
 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-
 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 THE FORMER section
 S. 116                              3
 
 130.45 of the penal law, the affirmative defenses set forth, respective-
 ly,  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 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.
   (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
 SUBDIVISION.    IN  ANY  SUCH  CLAIM  OR ACTION, DISMISSAL OF A PREVIOUS
 ACTION, ORDERED BEFORE  THE  EFFECTIVE  DATE  OF  THIS  SUBDIVISION,  ON
 S. 116                              4
 
 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 23 of the laws of 2024, 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 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 former-
 ly  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,
 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  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.
   §  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. 116                              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 153 of the laws of 2024,  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, 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;
 or
   (ii) any civil claim or cause of action revived  pursuant  to  section
 two hundred fourteen-j of the civil practice law and rules.
   §  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 153 of the laws of 2024, is amended to read as follows:
 S. 116                              6
 
   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, 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, 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.
   §  12.  Subdivision 2 of section 3813 of the education law, as amended
 by chapter 153 of the laws of 2024, 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]  THEIR
 duties  within  the  scope  of  [his]  THEIR 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: (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, 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; or
   (ii) any civil claim or cause of action revived  pursuant  to  section
 two hundred fourteen-j of the civil practice law and rules.
   §  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.