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S10498 Summary:

BILL NOS10498
 
SAME ASNo Same As
 
SPONSORBOTTCHER
 
COSPNSR
 
MLTSPNSR
 
Amd §214-j, CPLR
 
Relates to the commencement of certain sexual offense actions; extends the time for such commencement to two years and six months after the effective date of the section of law allowing such actions.
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S10498 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10498
 
                    IN SENATE
 
                                      May 15, 2026
                                       ___________
 
        Introduced  by Sen. BOTTCHER -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary
 
        AN ACT to amend the civil practice law and rules,  in  relation  to  the
          commencement of certain sexual offense actions
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 214-j of the civil practice law and rules, as added
     2  by chapter 203 of the laws of 2022, is amended to read as follows:
     3    § 214-j. 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
    16  applicable period of limitation has expired, and/or the plaintiff previ-
    17  ously  failed to file a notice of claim or a notice of intention to file
    18  a claim, is hereby revived, and action  thereon  may  be  commenced  not
    19  earlier  than  six months after, and not later than [one year] two years
    20  and six months after the effective date of this  section.  In  any  such
    21  claim  or  action,  dismissal  of  a previous action, ordered before the
    22  effective date of this section, on grounds that such previous action was
    23  time barred, and/or for failure of a party to file a notice of claim  or
    24  a notice of intention to file a claim, shall not be grounds for dismiss-
    25  al of a revival action pursuant to this section.
    26    § 2. This act shall take effect immediately.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15685-01-6
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