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A08635 Summary:

BILL NOA08635B
 
SAME ASSAME AS S09848
 
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--B
 
                               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 -- recommitted to the Committee on Judiciary  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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 e and f to read as follows:
     3    e. 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    f.  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;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11837-06-6

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