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A08635 Summary:

BILL NOA08635A
 
SAME ASSAME AS S08320
 
SPONSORRosenthal
 
COSPNSRTaylor, Tapia
 
MLTSPNSR
 
Amd §11, Ct Claims Act
 
Provides exceptions from the requirement of specificity in pleadings in certain cases involving sexual offenses.
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A08635 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8635--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 22, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  ROSENTHAL,  TAYLOR,  TAPIA  -- read once and
          referred to the Committee on Judiciary -- committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
 
        AN ACT to amend the court of claims act, in relation to the contents  of
          claims

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 11 of the court of claims act is amended by  adding
     2  two new subdivisions d and e to read as follows:
     3    d.  Subdivision  b  of this section shall not apply to a claim brought
     4  against any party alleging intentional or negligent acts or omissions by
     5  a person for physical,  psychological,  or  other  injury  or  condition
     6  suffered  as a result of conduct which would constitute a sexual offense
     7  as defined in article one hundred thirty  of  the  penal  law  committed
     8  against  a child, incest as defined in section 255.25, 255.26, or 255.27
     9  of the penal law committed against a child, or the use of a child  in  a
    10  sexual  performance  as defined in section 263.05 of the penal law, or a
    11  predecessor statute that prohibited such conduct at the time of the act,
    12  which conduct was committed against a child.
    13    e. Subdivision b of this section shall not apply to  a  claim  brought
    14  against any party alleging intentional or negligent acts or omissions by
    15  a  person  for  physical,  psychological,  or  other injury or condition
    16  suffered as a result of conduct which would constitute a sexual  offense
    17  as  defined  in article one hundred thirty of the penal law or incest as
    18  defined in section 255.25, 255.26, or 255.27 of the penal law  committed
    19  against any person who was eighteen years of age or older.
    20    § 2. This act shall take effect immediately and shall apply to:
    21    (a) any claim commenced on or after the effective date of this act;
    22    (b) any claim pending on or after the effective date of this act; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11837-05-5

        A. 8635--A                          2
 
     1    (c)  any  claim that was dismissed prior to the effective date of this
     2  act for failure to specify the nature of the claim,  the  time  when  it
     3  arose, the place where it arose, the items of damage or injuries claimed
     4  to  have  been  sustained,  or the total sum claimed, provided that such
     5  dismissal  is being appealed or can be appealed as of the effective date
     6  of this act.
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