Bill Text: NY A00648 | 2021-2022 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, revives such actions otherwise barred by the existing statute of limitations and grants trial preference to such actions; directs the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions.

Spectrum: Strong Partisan Bill (Democrat 73-7)

Status: (Introduced - Dead) 2022-05-23 - substituted by s66a [A00648 Detail]

Download: New_York-2021-A00648-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           648

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        Introduced  by  M.  of  A. L. ROSENTHAL, WEPRIN, ABINANTI, GLICK, SIMON,
          PAULIN, NIOU, HEVESI, CRUZ,  EPSTEIN,  WOERNER,  BICHOTTE,  FERNANDEZ,
          BRONSON,  TAYLOR,  QUART,  SEAWRIGHT, HUNTER, STECK, FRONTUS, GUNTHER,
          PERRY -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT -- read  once  and
          referred to the Committee on Judiciary

        AN  ACT  to  amend  the civil practice law and rules, in relation to the
          statute of limitations for civil actions  related  to  certain  sexual
          offenses  committed  against  a person eighteen years of age or older,
          reviving such actions otherwise barred  by  the  existing  statute  of
          limitations  and  granting  trial  preference  to such actions; and to
          amend the judiciary law, in relation to directing the  chief  adminis-
          trator  of  the courts to promulgate rules for the timely adjudication
          of certain revived actions

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 214-i to read as follows:
     3    § 214-i. Certain sexual offense actions. Notwithstanding any provision
     4  of  law  which  imposes  a  period of limitation to the contrary and the
     5  provisions of any other law pertaining to the  filing  of  a  notice  of
     6  claim  or a notice of intention to file a claim as a condition precedent
     7  to commencement of an action or special proceeding, every civil claim or
     8  cause of action brought against any party alleging intentional or negli-
     9  gent acts or omissions by a person for physical, psychological, or other
    10  injury or condition suffered as a result of conduct which would  consti-
    11  tute  a  sexual  offense as defined in article one hundred thirty of the
    12  penal law committed against such person who was eighteen years of age or
    13  older, or incest as defined in section 255.26 or 255.27 of the penal law
    14  committed against such person who was eighteen years of  age  or  older,
    15  which  is  barred  as  of the effective date of this section because the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00387-01-1
        A. 648                              2

     1  applicable period of limitation has expired, and/or the plaintiff previ-
     2  ously failed to file a notice of claim or a notice of intention to  file
     3  a  claim,  is  hereby  revived,  and action thereon may be commenced not
     4  earlier  than  six  months  after,  and  not later than one year and six
     5  months after the effective date of this section. In any  such  claim  or
     6  action,  dismissal  of  a  previous action, ordered before the effective
     7  date of this section, on grounds that  such  previous  action  was  time
     8  barred,  and/or  for  failure  of a party to file a notice of claim or a
     9  notice of intention to file a claim, shall not be grounds for  dismissal
    10  of a revival action pursuant to this section.
    11    § 2. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
    12  law and rules, as added by chapter 11 of the laws of 2019, is amended to
    13  read as follows:
    14    7.  any  action which has been revived pursuant to section two hundred
    15  fourteen-g or two hundred fourteen-i of this chapter.
    16    § 3. The judiciary law is amended by adding a  new  section  219-e  to
    17  read as follows:
    18    §  219-e.  Rules  reviving certain actions; sexual offenses. The chief
    19  administrator of the courts shall promulgate rules for the timely  adju-
    20  dication  of  revived  actions  brought  pursuant to section two hundred
    21  fourteen-i of the civil practice law and rules.
    22    § 4. The provisions of this act shall be severable, and if any clause,
    23  sentence, paragraph, subdivision or part of this act shall  be  adjudged
    24  by  any  court  of  competent  jurisdiction to be invalid, such judgment
    25  shall not affect, impair, or invalidate the remainder thereof, but shall
    26  be confined in its operation to the clause, sentence, paragraph,  subdi-
    27  vision  or  part  thereof  directly involved in the controversy in which
    28  such judgment shall have been rendered.
    29    § 5. This act shall take effect immediately; provided,  however,  that
    30  section  three of this act shall take effect three months after this act
    31  shall have become a law.