NY State Senate Bill 2025-S6978

Senate Bill S6978

2025-2026 Legislative Session

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

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 27, 2025	referred to codes

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2025-S6978 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §§208, 213-c & 214-g, CPLR
Versions Introduced in 2023-2024 Legislative Session:: S6099

2025-S6978 (ACTIVE) - Summary

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

2025-S6978 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6978

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE:

To eliminate the civil statute of limitations in child sexual assault
cases.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision (b) of section 208 of the civil practice
law and rules.

Section two amends section 213-c of the civil practice law and rules.

Section three amends section 214-g of the civil practice law and rules.

Section four establishes the effective date.

 
JUSTIFICATION:

According to data from the Crimes Against Children Research Center, 1 in
5 girls and 1 in 20 boys are victims of sexual assault. A 2003 National
Institute of Justice report found that 3 out of 4 children who have been
sexually assaulted were abused by a person they know well. Child sexual
assault is an epidemic, and the majority of survivors are so traumatized
by their abuse that it takes them decades to disclose their abuse, if
they ever do. Survivors are threatened with harm, groomed for years to
believe the abuse is their fault, fear that they will not be believed or
will be shamed, and others are simply too young to understand or express
what has happened to them. In many cases, by the time a child comes
forward about their sexual assault, the statute of limitations has
expired, and survivors are left with no recourse. The short statute of
limitations in childhood sexual assault cases also ensures that danger-
ous predators remain free to abuse other children if they beat the
clock. Sadly, we have seen this play out time and time again, with
horrific consequences for so many innocent children whose lives are
shattered.

The Child Victims Act, which became law in 2019, extended New York
State's statute of limitations on childhood sexual assault cases to age
28 for a person bringing a criminal case and age 55 for a person bring-
ing a civil case. This law also opened a look back period for victims
who were previously time-barred to bring a civil case, no matter how
long ago the abuse occurred. During this lookback period, nearly 11,000
cases were filed. However, countless survivors of childhood sexual
assault around the state are still bound by an arbitrarily short statute
of limitations which misunderstands the nature of their trauma and
exposes the public to an unreasonable risk of harm.

In order to conclusively address childhood sexual abuse, we must ensure
that the law allows survivors to come forward and seek justice whenever
they are comfortable and safe to do so, regardless of how many years
have elapsed. This legislation will provide survivors the opportunity to
be heard by eliminating the civil statute of limitations on child sexual
assault cases.

 
LEGISLATIVE HISTORY:

2023-24: S.6099 - Referred to Codes

2021-22: A.618-A - Referred to Codes

2019-20: A.8745 - Referred to Codes

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
Immediately.

2025-S6978 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6978
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2025
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL, CLEARE, FERNANDEZ, MYRIE, SALAZAR,
   STAVISKY -- read twice and ordered printed, and  when  printed  to  be
   committed 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,
 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
 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.
                                                            LBD04163-02-5

 S. 6978                             2

 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
 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 THE FORMER 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 THE FORMER  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  negli-
 gent 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.
 S. 6978                             3
 
   §  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:
   §  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,
 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,
 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]  AT  ANY
 TIME.  In any such claim or action: (a) 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 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.

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Senate Bill S6978

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Sponsored By

Brad Hoylman-Sigal

Current Bill Status - In Senate Committee Codes Committee

co-Sponsors

Cordell Cleare

Nathalia Fernandez

Zellnor Myrie

Julia Salazar

2025-S6978 (ACTIVE) - Details

2025-S6978 (ACTIVE) - Summary

2025-S6978 (ACTIVE) - Sponsor Memo

2025-S6978 (ACTIVE) - Bill Text download pdf

Comments