STATE OF NEW YORK
________________________________________________________________________
6978
2025-2026 Regular Sessions
IN SENATE
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:
1 Section 1. Subdivision (b) of section 208 of the civil practice law
2 and rules, as added by chapter 11 of the laws of 2019, is amended to
3 read as follows:
4 (b) Notwithstanding any provision of law which imposes a period of
5 limitation to the contrary and the provisions of any other law pertain-
6 ing to the filing of a notice of claim or a notice of intention to file
7 a claim as a condition precedent to commencement of an action or special
8 proceeding, with respect to all civil claims or causes of action brought
9 by any person for physical, psychological or other injury or condition
10 suffered by such person as a result of conduct which would constitute a
11 sexual offense as defined in article one hundred thirty of the penal law
12 committed against such person who was less than eighteen years of age,
13 sex trafficking as defined in section 230.34 of the penal law, sex traf-
14 ficking of a child as defined in section 230.34-a of the penal law,
15 incest as defined in section 255.27, 255.26 or 255.25 of the penal law
16 committed against such person who was less than eighteen years of age,
17 or the use of such person in a sexual performance as defined in section
18 263.05 of the penal law, or a predecessor statute that prohibited such
19 conduct at the time of the act, which conduct was committed against such
20 person who was less than eighteen years of age, such action may be
21 commenced, against any party whose intentional or negligent acts or
22 omissions are alleged to have resulted in the commission of said
23 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
1 the age of fifty-five years] at any time. In any such claim or action,
2 in addition to any other defense and affirmative defense that may be
3 available in accordance with law, rule or the common law, to the extent
4 that the acts alleged in such action are of the type described in subdi-
5 vision one of section 130.30 of the penal law or subdivision one of the
6 former section 130.45 of the penal law, the affirmative defenses set
7 forth, respectively, in the closing paragraph of such sections of the
8 penal law shall apply.
9 § 2. Section 213-c of the civil practice law and rules, as amended by
10 chapter 23 of the laws of 2024, is amended to read as follows:
11 § 213-c. Action by victim of conduct constituting certain sexual
12 offenses. (a) Notwithstanding any other limitation set forth in this
13 article, except as provided in subdivision (b) of section two hundred
14 eight of this article, all civil claims or causes of action brought by
15 any person for physical, psychological or other injury or condition
16 suffered by such person as a result of conduct which would constitute
17 rape in the first degree as defined in section 130.35 of the penal law,
18 or rape in the second degree as defined in subdivision four, five or six
19 of section 130.30 of the penal law, or rape in the second degree as
20 defined in former subdivision two of section 130.30 of the penal law, or
21 rape in the third degree as defined in subdivision one, two, three,
22 seven, eight or nine of section 130.25 of the penal law, or a crime
23 formerly defined in section 130.50 of the penal law, or a crime formerly
24 defined in subdivision two of the former section 130.45 of the penal
25 law, or a crime formerly defined in subdivision one or three of section
26 130.40 of the penal law, or incest in the first degree as defined in
27 section 255.27 of the penal law, or incest in the second degree as
28 defined in section 255.26 of the penal law (where the crime committed is
29 rape in the second degree as defined in subdivision four, five or six of
30 section 130.30 of the penal law, or rape in the second degree as former-
31 ly defined in subdivision two of section 130.30 of the penal law, or a
32 crime formerly defined in subdivision two of the former section 130.45
33 of the penal law), or aggravated sexual abuse in the first degree as
34 defined in section 130.70 of the penal law, or course of sexual conduct
35 against a child in the first degree as defined in section 130.75 of the
36 penal law may be brought against any party whose intentional or negli-
37 gent acts or omissions are alleged to have resulted in the commission of
38 the said conduct, within twenty years.
39 (b) Notwithstanding the provisions of subdivision (a) of this section,
40 or any other provision of law to the contrary, all civil claims or caus-
41 es of action brought by any person for physical, psychological or other
42 injury or condition suffered as a result of conduct which would consti-
43 tute a sexual offense as defined in article one hundred thirty of the
44 penal law committed against a child less than eighteen years of age,
45 incest as defined in section 255.25, 255.26 or 255.27 of the penal law
46 committed against a child less than eighteen years of age, or the use of
47 a child in a sexual performance as defined in section 263.05 of the
48 penal law, or a predecessor statute that prohibited such conduct at the
49 time of the act, which conduct was committed against a child less than
50 eighteen years of age, such action may be commenced at any time.
51 (c) Nothing in this section shall be construed to require that a crim-
52 inal charge be brought or a criminal conviction be obtained as a condi-
53 tion of bringing a civil cause of action or receiving a civil judgment
54 pursuant to this section or be construed to require that any of the
55 rules governing a criminal proceeding be applicable to any such civil
56 action.
S. 6978 3
1 § 3. Section 214-g of the civil practice law and rules, as amended by
2 chapter 130 of the laws of 2020, is amended to read as follows:
3 § 214-g. Certain child sexual abuse cases. Notwithstanding any
4 provision of law which imposes a period of limitation to the contrary
5 and the provisions of any other law pertaining to the filing of a notice
6 of claim or a notice of intention to file a claim as a condition prece-
7 dent to commencement of an action or special proceeding, every civil
8 claim or cause of action brought against any party alleging intentional
9 or negligent acts or omissions by a person for physical, psychological,
10 or other injury or condition suffered as a result of conduct which would
11 constitute a sexual offense as defined in article one hundred thirty of
12 the penal law committed against a child less than eighteen years of age,
13 sex trafficking as defined in section 230.34 of the penal law, or sex
14 trafficking of a child as defined in section 230.34-a of the penal law,
15 incest as defined in section 255.27, 255.26 or 255.25 of the penal law
16 committed against a child less than eighteen years of age, or the use of
17 a child in a sexual performance as defined in section 263.05 of the
18 penal law, or a predecessor statute that prohibited such conduct at the
19 time of the act, which conduct was committed against a child less than
20 eighteen years of age, which is barred as of the effective date of this
21 section because the applicable period of limitation has expired, and/or
22 the plaintiff previously failed to file a notice of claim or a notice of
23 intention to file a claim, is hereby revived, and action thereon may be
24 commenced [not earlier than six months after, and not later than two
25 years and six months after the effective date of this section] at any
26 time. In any such claim or action: (a) in addition to any other defense
27 and affirmative defense that may be available in accordance with law,
28 rule or the common law, to the extent that the acts alleged in such
29 action are of the type described in subdivision one of section 130.30 of
30 the penal law or subdivision one of the former section 130.45 of the
31 penal law, the affirmative defenses set forth, respectively, in the
32 closing paragraph of such sections of the penal law shall apply; and (b)
33 dismissal of a previous action, ordered before the effective date of
34 this section, on grounds that such previous action was time barred,
35 and/or for failure of a party to file a notice of claim or a notice of
36 intention to file a claim, shall not be grounds for dismissal of a
37 revival action pursuant to this section.
38 § 4. This act shall take effect immediately.
