Amd §30.10, rpld §30.10 sub 3 ¶(e), CP L; amd §§213-c, 215 & 214-j, add §§214-k & 214-l, CPLR; add §2999-k,
Pub Health L; amd §3420, Ins L
Provides that certain crimes of child abuse may be amended to give the plaintiff until they reach 55 years of age; provides that where acts or omissions giving rise to a claim and occurred in more than one jurisdiction, New York courts shall have jurisdiction where the plaintiff resided in this state for a substantial portion of childhood or received a substantial portion of the treatment or medical control in this state; voids any insurance policy which purports to exclude or limit coverage for certain claims where an action to recover damages for injury resulting from child abuse, including physical abuse, emotional abuse, medical neglect, or medical negligence committed against a person when such person was under eighteen years of age; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
9558
IN ASSEMBLY
January 14, 2026
___________
Introduced by M. of A. E. BROWN -- read once and referred to the Commit-
tee on Codes
AN ACT to amend the criminal procedure law, the civil practice law and
rules, the public health law, and the insurance law, in relation to
extending and clarifying the statute of limitations for certain
actions involving child abuse, medical neglect, and medical negligence
involving minors; and to repeal certain provisions of the criminal
procedure law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds that survivors
2 of child abuse, including abuse involving medical neglect or medical
3 negligence committed against minors, frequently experience delayed
4 discovery of injury and causation due to psychological trauma, familial
5 coercion, professional authority, concealment, or collusion by parents,
6 caregivers, or other trusted individuals.
7 The legislature further finds that such abuse and negligence may
8 constitute a continuous course of conduct beginning in childhood and
9 extending into adulthood through ongoing treatment, misdiagnosis, fail-
10 ure to disclose material facts, or continued concealment.
11 The legislature further finds that existing statutes of limitations,
12 insurance practices, and jurisdictional doctrines may operate to bar
13 otherwise meritorious claims solely due to the passage of time, notwith-
14 standing delayed discovery caused by such conduct.
15 It is therefore the intent of the legislature to expand and clarify
16 the statute of limitations applicable to such actions, recognize contin-
17 uous courses of abuse or medical negligence, address concealment and
18 collusion, and ensure meaningful access to justice.
19 § 2. Paragraphs (a), (a-1) and (a-2) of subdivision 2 of section 30.10
20 of the criminal procedure law, paragraph (a) as amended and paragraphs
21 (a-1) and (a-2) as added by chapter 315 of the laws of 2019, are amended
22 to read as follows:
23 2. Except as otherwise provided in subdivision three of this section:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14362-01-6
A. 9558 2
1 (a) A prosecution for a class A felony, or rape in the first degree as
2 defined in section 130.35 of the penal law, or a crime defined or
3 formerly defined in section 130.50 of the penal law, or aggravated sexu-
4 al abuse in the first degree as defined in section 130.70 of the penal
5 law, or course of sexual conduct against a child in the first degree as
6 defined in section 130.75 of the penal law, or incest in the first
7 degree as defined in section 255.27 of the penal law may be commenced at
8 any time;
9 (a-1) A prosecution for rape in the second degree as defined in subdi-
10 vision two of section 130.30 of the penal law, or a prosecution for rape
11 in the third degree as defined in section 130.25 of the penal law, or
12 criminal sexual act in the third degree as formerly defined in section
13 130.40 of the penal law or criminal sexual act in the second degree as
14 formerly defined in [subdivision two of] section 130.45 of the penal
15 law, or incest in the second degree as defined in section 255.26 of the
16 penal law (where the crime committed is rape in the second degree as
17 defined in subdivision two of section 130.30 of the penal law or crimi-
18 nal sexual act in the second degree as formerly defined in [subdivision
19 two of] section 130.45), or course of sexual conduct against a child in
20 the second degree as defined in section 130.80 of the penal law must be
21 commenced [within twenty years after the commission thereof or within
22 ten years from when the offense is first reported to law enforcement,
23 whichever occurs earlier] at any time before the plaintiff reaches the
24 age of fifty-five years;
25 [(a-2) A prosecution for rape in the third degree as defined in subdi-
26 vision one or three of section 130.25 of the penal law, or criminal
27 sexual act in the third degree as defined in subdivision one or three of
28 section 130.40 of the penal law must be commenced within ten years after
29 the commission thereof;]
30 § 3. Paragraph (e) of subdivision 3 of section 30.10 of the criminal
31 procedure law is REPEALED.
32 § 4. Paragraph (f) of subdivision 3 of section 30.10 of the criminal
33 procedure law, as amended by chapter 11 of the laws of 2019, is amended
34 to read as follows:
35 (f) For purposes of a prosecution involving a sexual offense as
36 defined in article one hundred thirty of the penal law, other than a
37 sexual offense delineated in paragraph (a) of subdivision two of this
38 section, committed against a child less than eighteen years of age,
39 incest in the first, second or third degree as defined in sections
40 255.27, 255.26 and 255.25 of the penal law committed against a child
41 less than eighteen years of age, or use of a child in a sexual perform-
42 ance as defined in section 263.05 of the penal law, [the period of limi-
43 tation shall not begin to run until the child has reached the age of
44 twenty-three or the offense is reported to a law enforcement agency or
45 statewide central register of child abuse and maltreatment, whichever
46 occurs earlier] may be commenced at any time before the child reaches
47 fifty-five years of age.
48 § 5. Section 213-c of the civil practice law and rules, as amended by
49 chapter 23 of the laws of 2024, is amended to read as follows:
50 § 213-c. Action by victim of conduct constituting certain sexual
51 offenses. Notwithstanding any other limitation set forth in this arti-
52 cle, except as provided in subdivision (b) of section two hundred eight
53 of this article, all civil claims or causes of action brought by any
54 person for physical, psychological or other injury or condition suffered
55 by such person as a result of conduct which would constitute rape in the
56 first degree as defined in section 130.35 of the penal law, or rape in
A. 9558 3
1 the second degree as defined in subdivision four, five or six of section
2 130.30 of the penal law, or rape in the second degree as defined in
3 former [subdivision two of section 130.30 of the penal law, or rape in
4 the third degree as defined in subdivision one, two, three, seven, eight
5 or nine of section 130.25 of the penal law, or a crime formerly defined
6 in section 130.50 of the penal law, or a crime formerly defined in
7 [subdivision two of] section 130.45 of the penal law, or a crime former-
8 ly defined in subdivision one or three of section 130.40 of the penal
9 law, or incest in the first degree as defined in section 255.27 of the
10 penal law, or incest in the second degree as defined in section 255.26
11 of the penal law (where the crime committed is rape in the second degree
12 as defined in subdivision four, five or six of section 130.30 of the
13 penal law, or rape in the second degree as formerly defined in subdivi-
14 sion two of section 130.30 of the penal law, or a crime formerly defined
15 in [subdivision two of] section 130.45 of the penal law), or aggravated
16 sexual abuse in the first degree as defined in section 130.70 of the
17 penal law, or course of sexual conduct against a child in the first
18 degree as defined in section 130.75 of the penal law may be brought
19 against any party whose intentional or negligent acts or omissions are
20 alleged to have resulted in the commission of the said conduct, [within
21 twenty years] at any time before the victim reaches the age of fifty-
22 five years. Nothing in this section shall be construed to require that a
23 criminal charge be brought or a criminal conviction be obtained as a
24 condition of bringing a civil cause of action or receiving a civil judg-
25 ment pursuant to this section or be construed to require that any of the
26 rules governing a criminal proceeding be applicable to any such civil
27 action.
28 § 6. Paragraph (b) of subdivision 8 of section 215 of the civil prac-
29 tice law and rules, as added by chapter 23 of the laws of 2024, is
30 amended to read as follows:
31 (b) Whenever it is shown that a criminal action against the same
32 defendant has been commenced with respect to the event or occurrence
33 from which a claim governed by this section arises, and such criminal
34 action is for rape in the first degree as defined in section 130.35 of
35 the penal law, or a crime formerly defined in section 130.50 of the
36 penal law, or aggravated sexual abuse in the first degree as defined in
37 section 130.70 of the penal law, or course of sexual conduct against a
38 child in the first degree as defined in section 130.75 of the penal law,
39 the plaintiff shall have [at least five years from the termination of
40 the criminal action as defined in section 1.20 of the criminal procedure
41 law in which to commence the civil action, notwithstanding that the time
42 in which to commence such action has already expired or has less than a
43 year remaining] any time until such plaintiff reaches the age of fifty-
44 five years to commence such action.
45 § 7. Section 214-j of the civil practice law and rules, as added by
46 chapter 203 of the laws of 2022, is amended to read as follows:
47 § 214-j. Certain sexual offense actions. Notwithstanding any provision
48 of law which imposes a period of limitation to the contrary and the
49 provisions of any other law pertaining to the filing of a notice of
50 claim or a notice of intention to file a claim as a condition precedent
51 to commencement of an action or special proceeding, every civil claim or
52 cause of action brought against any party alleging intentional or negli-
53 gent acts or omissions by a person for physical, psychological, or other
54 injury or condition suffered as a result of conduct which would consti-
55 tute a sexual offense as defined in article one hundred thirty of the
56 penal law committed against such person who was eighteen years of age or
A. 9558 4
1 older, or incest as defined in section 255.26 or 255.27 of the penal law
2 committed against such person who was eighteen years of age or older,
3 which is barred as of the effective date of this section because the
4 applicable period of limitation has expired, and/or the plaintiff previ-
5 ously failed to file a notice of claim or a notice of intention to file
6 a claim, is hereby revived, and action thereon may be commenced [not
7 earlier than six months after, and not later than one year and six
8 months after the effective date of this section] at any time before the
9 plaintiff reaches the age of fifty-five years. In any such claim or
10 action, dismissal of a previous action, ordered before the effective
11 date of this section, on grounds that such previous action was time
12 barred, and/or for failure of a party to file a notice of claim or a
13 notice of intention to file a claim, shall not be grounds for dismissal
14 of a revival action pursuant to this section.
15 § 8. The civil practice law and rules is amended by adding two new
16 sections 214-k and 214-l to read as follows:
17 § 214-k. Actions arising from child abuse, medical neglect, or medical
18 negligence involving minors. 1. Notwithstanding any other provision of
19 law, an action to recover damages for injury resulting from child abuse,
20 including physical abuse, emotional abuse, medical neglect, or medical
21 negligence committed against a person when such person was under eigh-
22 teen years of age, may be commenced at any time before the plaintiff
23 reaches the age of fifty-five years.
24 2. The limitations period for such action shall be tolled until the
25 plaintiff discovers, or reasonably should have discovered, the injury
26 and its causal connection to the abuse, neglect, or medical negligence.
27 3. In determining when the plaintiff reasonably should have discovered
28 such injury and causal connection, the court shall consider any conceal-
29 ment, misrepresentation, coercion, or continued negligent treatment by
30 the alleged abuser or negligent provider, or by any person acting in
31 concert with such abuser or provider.
32 4. For purposes of this section, acts or omissions that begin during
33 minority and continue into adulthood, including continued treatment,
34 misdiagnosis, failure to disclose material information, or ongoing
35 concealment, shall be deemed part of a single continuous course of
36 abuse, neglect, or medical negligence.
37 § 214-l. Jurisdiction; continuous treatment; estates. 1. Where acts or
38 omissions giving rise to a claim under section two hundred fourteen-k of
39 this article occurred in more than one jurisdiction, New York courts
40 shall have jurisdiction where the plaintiff resided in this state for a
41 substantial portion of childhood or received a substantial portion of
42 the treatment or medical control in this state.
43 2. Where treatment, medical advice, or medical control by the same
44 provider extends over a prolonged period and involves acts or omissions
45 in more than one jurisdiction, such conduct shall be treated as a
46 continuous course of treatment for purposes of accrual.
47 3. An action authorized by section two hundred fourteen-k of this
48 article may be maintained against the alleged abuser or negligent
49 provider, or against the personal representative of such person's
50 estate, in accordance with the estates, powers and trusts law.
51 § 9. The public health law is amended by adding a new section 2999-k
52 to read as follows:
53 § 2999-k. The department of health shall promulgate regulations
54 addressing medical misconduct involving minors where the provider is a
55 parent, guardian, family member, or caregiver who holds medical licen-
56 sure or other professional credentials.
A. 9558 5
1 § 10. Section 3420 of the insurance law is amended by adding a new
2 subsection (k) to read as follows:
3 (k) (1) Every policy of medical malpractice insurance issued or deliv-
4 ered in this state shall provide coverage for acts or omissions consti-
5 tuting medical negligence involving a minor, whether or not a formal
6 provider-patient relationship was documented, a fee was charged, or
7 services were rendered in a traditional clinical setting.
8 (2) Any policy provision purporting to exclude or limit coverage for
9 claims authorized by section two hundred fourteen-k of the civil prac-
10 tice law and rules on the ground that no formal billing arrangement or
11 documented provider-patient relationship existed shall be void.
12 (3) This subsection shall apply to any policy of medical malpractice
13 insurance in effect at the time of the alleged act or omission and shall
14 be construed liberally in favor of coverage.
15 § 11. Severability clause. If any provision of this act or its appli-
16 cation to any person, legal entity, or circumstance is held invalid, the
17 remainder of this act or the application of the provision to other
18 persons, legal entities or circumstances shall not be affected.
19 § 12. This act shall take effect immediately and shall apply to
20 actions commenced on or after such date, including actions previously
21 barred solely by the expiration of the statute of limitations, provided
22 such actions are commenced within two years of the effective date of
23 this act.
