Extends the statute of limitations of actions related to certain sex trafficking offenses, reviving such actions otherwise barred by the existing statute of limitations; grants trial preference to such actions; exempts such actions from certain provisions requiring notice of claims.
STATE OF NEW YORK
________________________________________________________________________
116
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. CLEARE, BORRELLO, FERNANDEZ, JACKSON, KRUEGER,
MARTINEZ, MURRAY, MYRIE, PALUMBO, ROLISON, SALAZAR, WEBER -- read
twice and ordered printed, and when printed to be committed to the
Committee on Codes
AN ACT to amend the criminal procedure law, in relation to the statute
of limitations in criminal prosecution of certain sex trafficking
crimes; to amend the civil practice law and rules, in relation to the
statute of limitations for civil actions related to certain sex traf-
ficking offenses, reviving such actions otherwise barred by the exist-
ing statute of limitations and granting trial preference to such
actions; to amend the judiciary law, in relation to the rules reviving
certain sexual offense actions; to amend the general municipal law, in
relation to providing that the notice of claim provisions shall not
apply to actions related to certain sex trafficking offenses; to amend
the court of claims act, in relation to providing that the notice of
intention to file provisions shall not apply to actions related to
certain sex trafficking offenses; and to amend the education law, in
relation to providing that the notice of claim provisions shall not
apply to actions related to certain sex trafficking offenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (a) of subdivision 2 of section 30.10 of the
2 criminal procedure law, as amended by chapter 315 of the laws of 2019,
3 is amended to read as follows:
4 (a) A prosecution for a class A felony, or rape in the first degree as
5 defined in section 130.35 of the penal law, or a crime defined or
6 formerly defined in section 130.50 of the penal law, or aggravated sexu-
7 al abuse in the first degree as defined in section 130.70 of the penal
8 law, or course of sexual conduct against a child in the first degree as
9 defined in section 130.75 of the penal law, or sex trafficking as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00226-01-5
S. 116 2
1 defined in section 230.34 of the penal law, or sex trafficking of a
2 child as defined in section 230.34-a of the penal law, or incest in the
3 first degree as defined in section 255.27 of the penal law may be
4 commenced at any time;
5 § 2. Paragraph (f) of subdivision 3 of section 30.10 of the criminal
6 procedure law, as amended by chapter 11 of the laws of 2019, is amended
7 to read as follows:
8 (f) For purposes of a prosecution involving a sexual offense as
9 defined in article one hundred thirty of the penal law[, other than a
10 sexual offense delineated in paragraph (a) of subdivision two of this
11 section,] committed against a child less than eighteen years of age, the
12 period of limitation shall not begin to run until the child has reached
13 the age of twenty-three or the offense is reported to a law enforcement
14 agency or statewide central register of child abuse and maltreatment,
15 whichever occurs earlier. This paragraph shall not apply to sexual
16 offenses delineated in paragraph (a) of subdivision two of this section
17 committed against a child less than eighteen years of age, sex traffick-
18 ing as defined in section 230.34 of the penal law committed against a
19 child less than eighteen years of age, sex trafficking of a child as
20 defined in section 230.34-a of the penal law, incest in the first,
21 second or third degree as defined in sections 255.27, 255.26 and 255.25
22 of the penal law committed against a child less than eighteen years of
23 age, or use of a child in a sexual performance as defined in section
24 263.05 of the penal law[, the period of limitation shall not begin to
25 run until the child has reached the age of twenty-three or the offense
26 is reported to a law enforcement agency or statewide central register of
27 child abuse and maltreatment, whichever occurs earlier].
28 § 3. Subdivision (b) of section 208 of the civil practice law and
29 rules, as added by chapter 11 of the laws of 2019, is amended to read as
30 follows:
31 (b) Notwithstanding any provision of law which imposes a period of
32 limitation to the contrary and the provisions of any other law pertain-
33 ing to the filing of a notice of claim or a notice of intention to file
34 a claim as a condition precedent to commencement of an action or special
35 proceeding, with respect to all civil claims or causes of action brought
36 by any person for physical, psychological or other injury or condition
37 suffered by such person as a result of conduct which would constitute a
38 sexual offense as defined in article one hundred thirty of the penal law
39 committed against such person who was less than eighteen years of age,
40 sex trafficking as defined in section 230.34 of the penal law committed
41 against such person who was less than eighteen years of age, sex traf-
42 ficking of a child as defined in section 230.34-a of the penal law,
43 incest as defined in section 255.27, 255.26 or 255.25 of the penal law
44 committed against such person who was less than eighteen years of age,
45 or the use of such person in a sexual performance as defined in section
46 263.05 of the penal law, or a predecessor statute that prohibited such
47 conduct at the time of the act, which conduct was committed against such
48 person who was less than eighteen years of age, such action may be
49 commenced, against any party whose intentional or negligent acts or
50 omissions are alleged to have resulted in the commission of said
51 conduct, on or before the plaintiff or infant plaintiff reaches the age
52 of fifty-five years. In any such claim or action, in addition to any
53 other defense and affirmative defense that may be available in accord-
54 ance with law, rule or the common law, to the extent that the acts
55 alleged in such action are of the type described in subdivision one of
56 section 130.30 of the penal law or subdivision one of the former section
S. 116 3
1 130.45 of the penal law, the affirmative defenses set forth, respective-
2 ly, in the closing paragraph of such sections of the penal law shall
3 apply.
4 § 4. Section 214-g of the civil practice law and rules, as amended by
5 chapter 130 of the laws of 2020, is amended to read as follows:
6 § 214-g. (a) Certain child sexual abuse cases. Notwithstanding any
7 provision of law which imposes a period of limitation to the contrary
8 and the provisions of any other law pertaining to the filing of a notice
9 of claim or a notice of intention to file a claim as a condition prece-
10 dent to commencement of an action or special proceeding, every civil
11 claim or cause of action brought against any party alleging intentional
12 or negligent acts or omissions by a person for physical, psychological,
13 or other injury or condition suffered as a result of conduct which would
14 constitute a sexual offense as defined in article one hundred thirty of
15 the penal law committed against a child less than eighteen years of age,
16 incest as defined in section 255.27, 255.26 or 255.25 of the penal law
17 committed against a child less than eighteen years of age, or the use of
18 a child in a sexual performance as defined in section 263.05 of the
19 penal law, or a predecessor statute that prohibited such conduct at the
20 time of the act, which conduct was committed against a child less than
21 eighteen years of age, which is barred as of the effective date of this
22 section because the applicable period of limitation has expired, and/or
23 the plaintiff previously failed to file a notice of claim or a notice of
24 intention to file a claim, is hereby revived, and action thereon may be
25 commenced not earlier than six months after, and not later than two
26 years and six months after the effective date of this section. In any
27 such claim or action: (a) in addition to any other defense and affirma-
28 tive defense that may be available in accordance with law, rule or the
29 common law, to the extent that the acts alleged in such action are of
30 the type described in subdivision one of section 130.30 of the penal law
31 or subdivision one of the former section 130.45 of the penal law, the
32 affirmative defenses set forth, respectively, in the closing paragraph
33 of such sections of the penal law shall apply; and (b) dismissal of a
34 previous action, ordered before the effective date of this section, on
35 grounds that such previous action was time barred, and/or for failure of
36 a party to file a notice of claim or a notice of intention to file a
37 claim, shall not be grounds for dismissal of a revival action pursuant
38 to this section.
39 (b) Notwithstanding any provision of law which imposes a period of
40 limitation to the contrary and the provisions of any other law pertain-
41 ing to the filing of a notice of claim or a notice of intention to file
42 a claim as a condition precedent to commencement of an action or special
43 proceeding, every civil claim or cause of action brought against any
44 party alleging intentional or negligent acts or omissions by a person
45 for physical, psychological, or other injury or condition suffered as a
46 result of conduct which would constitute sex trafficking as defined in
47 section 230.34 of the penal law committed against a child less than
48 eighteen years of age or sex trafficking of a child as defined in
49 section 230.34-a of the penal law, which is barred as of the effective
50 date of this subdivision because the applicable period of limitation has
51 expired, and/or the plaintiff previously failed to file a notice of
52 claim or a notice of intention to file a claim, is hereby revived, and
53 action thereon may be commenced not earlier than six months after, and
54 not later than one year and six months after the effective date of this
55 subdivision. In any such claim or action, dismissal of a previous
56 action, ordered before the effective date of this subdivision, on
S. 116 4
1 grounds that such previous action was time barred, and/or for failure of
2 a party to file a notice of claim or a notice of intention to file a
3 claim, shall not be grounds for dismissal of a revival action pursuant
4 to this subdivision.
5 § 5. Section 213-c of the civil practice law and rules, as amended by
6 chapter 23 of the laws of 2024, is amended to read as follows:
7 § 213-c. Action by victim of conduct constituting certain sexual
8 offenses. Notwithstanding any other limitation set forth in this article
9 or any other provision of law which imposes a period of limitation to
10 the contrary, except as provided in subdivision (b) of section two
11 hundred eight of this article, all civil claims or causes of action
12 brought by any person for physical, psychological or other injury or
13 condition suffered by such person as a result of conduct which would
14 constitute rape in the first degree as defined in section 130.35 of the
15 penal law, or rape in the second degree as defined in subdivision four,
16 five or six of section 130.30 of the penal law, or rape in the second
17 degree as defined in former subdivision two of section 130.30 of the
18 penal law, or rape in the third degree as defined in subdivision one,
19 two, three, seven, eight or nine of section 130.25 of the penal law, or
20 a crime formerly defined in section 130.50 of the penal law, or a crime
21 formerly defined in subdivision two of section 130.45 of the penal law,
22 or a crime formerly defined in subdivision one or three of section
23 130.40 of the penal law, or incest in the first degree as defined in
24 section 255.27 of the penal law, or incest in the second degree as
25 defined in section 255.26 of the penal law (where the crime committed is
26 rape in the second degree as defined in subdivision four, five or six of
27 section 130.30 of the penal law, or rape in the second degree as former-
28 ly defined in subdivision two of section 130.30 of the penal law, or a
29 crime formerly defined in subdivision two of section 130.45 of the penal
30 law), or aggravated sexual abuse in the first degree as defined in
31 section 130.70 of the penal law, or course of sexual conduct against a
32 child in the first degree as defined in section 130.75 of the penal law,
33 or sex trafficking as defined in section 230.34 of the penal law, or sex
34 trafficking of a child as defined in section 230.34-a of the penal law
35 may be brought against any party whose intentional or negligent acts or
36 omissions are alleged to have resulted in the commission of the said
37 conduct, within twenty years. Nothing in this section shall be construed
38 to require that a criminal charge be brought or a criminal conviction be
39 obtained as a condition of bringing a civil cause of action or receiving
40 a civil judgment pursuant to this section or be construed to require
41 that any of the rules governing a criminal proceeding be applicable to
42 any such civil action.
43 § 6. The civil practice law and rules is amended by adding a new
44 section 214-k to read as follows:
45 § 214-k. Certain sexual offense actions. Notwithstanding any
46 provision of law which imposes a period of limitation to the contrary
47 and the provisions of any other law pertaining to the filing of a notice
48 of claim or a notice of intention to file a claim as a condition prece-
49 dent to commencement of an action or special proceeding, every civil
50 claim or cause of action brought against any party alleging intentional
51 or negligent acts or omissions by a person for physical, psychological,
52 or other injury or condition suffered as a result of conduct which would
53 constitute sex trafficking as defined in section 230.34 of the penal law
54 committed against such person who was eighteen years of age or older,
55 which is barred as of the effective date of this section because the
56 applicable period of limitation has expired, and/or the plaintiff previ-
S. 116 5
1 ously failed to file a notice of claim or a notice of intention to file
2 a claim, is hereby revived, and action thereon may be commenced not
3 earlier than six months after, and not later than one year and six
4 months after the effective date of this section. In any such claim or
5 action, dismissal of a previous action, ordered before the effective
6 date of this section, on grounds that such previous action was time
7 barred, and/or for failure of a party to file a notice of claim or a
8 notice of intention to file a claim, shall not be grounds for dismissal
9 of a revival action pursuant to this section.
10 § 7. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
11 law and rules, as amended by chapter 203 of the laws of 2022, is amended
12 to read as follows:
13 7. any action which has been revived pursuant to subdivision (a) or
14 (b) of section two hundred fourteen-g [or], two hundred fourteen-j, or
15 two hundred fourteen-k of this chapter.
16 § 8. Section 219-e of the judiciary law, as added by chapter 203 of
17 the laws of 2022, is amended to read as follows:
18 § 219-e. Rules reviving certain actions; sexual offenses. The chief
19 administrator of the courts shall promulgate rules for the timely adju-
20 dication of revived actions brought pursuant to section two hundred
21 fourteen-j and section two hundred fourteen-k of the civil practice law
22 and rules.
23 § 9. Paragraph (b) of subdivision 8 of section 50-e of the general
24 municipal law, as added by chapter 153 of the laws of 2024, is amended
25 to read as follows:
26 (b) This section shall not apply to: (i) any claim made for physical,
27 psychological, or other injury or condition suffered as a result of
28 conduct which would constitute a sexual offense as defined in article
29 one hundred thirty of the penal law committed against a child less than
30 eighteen years of age, sex trafficking as defined in section 230.34 of
31 the penal law committed against a child less than eighteen years of age,
32 sex trafficking of a child as defined in section 230.34-a of the penal
33 law, incest as defined in section 255.27, 255.26 or 255.25 of the penal
34 law committed against a child less than eighteen years of age, or the
35 use of a child in a sexual performance as defined in section 263.05 of
36 the penal law committed against a child less than eighteen years of age;
37 or
38 (ii) any civil claim or cause of action revived pursuant to section
39 two hundred fourteen-j of the civil practice law and rules.
40 § 10. Subdivision 5 of section 50-i of the general municipal law, as
41 added by chapter 11 of the laws of 2019, is amended to read as follows:
42 5. Notwithstanding any provision of law to the contrary, this section
43 shall not apply to any claim made against a city, county, town, village,
44 fire district or school district for physical, psychological, or other
45 injury or condition suffered as a result of conduct which would consti-
46 tute a sexual offense as defined in article one hundred thirty of the
47 penal law committed against a child less than eighteen years of age, sex
48 trafficking as defined in section 230.34 of the penal law committed
49 against a child less than eighteen years of age, sex trafficking of a
50 child as defined in section 230.34-a of the penal law, incest as defined
51 in section 255.27, 255.26 or 255.25 of the penal law committed against a
52 child less than eighteen years of age, or the use of a child in a sexual
53 performance as defined in section 263.05 of the penal law committed
54 against a child less than eighteen years of age.
55 § 11. Subdivision 10 of section 10 of the court of claims act, as
56 added by chapter 153 of the laws of 2024, is amended to read as follows:
S. 116 6
1 10. Notwithstanding any provision of law to the contrary, this section
2 shall not apply to: (i) any claim to recover damages for physical,
3 psychological, or other injury or condition suffered as a result of
4 conduct which would constitute a sexual offense as defined in article
5 one hundred thirty of the penal law committed against a child less than
6 eighteen years of age, incest as defined in section 255.27, 255.26 or
7 255.25 of the penal law committed against a child less than eighteen
8 years of age, sex trafficking as defined in section 230.34 of the penal
9 law committed against a child less than eighteen years of age, sex traf-
10 ficking of a child as defined in section 230.34-a of the penal law, or
11 the use of a child in a sexual performance as defined in section 263.05
12 of the penal law committed against a child less than eighteen years of
13 age; or
14 (ii) any civil claim or cause of action revived pursuant to section
15 two hundred fourteen-j of the civil practice law and rules.
16 § 12. Subdivision 2 of section 3813 of the education law, as amended
17 by chapter 153 of the laws of 2024, is amended to read as follows:
18 2. Notwithstanding anything to the contrary hereinbefore contained in
19 this section, no action or special proceeding founded upon tort shall be
20 prosecuted or maintained against any of the parties named in this
21 section or against any teacher or member of the supervisory or adminis-
22 trative staff or employee where the alleged tort was committed by such
23 teacher or member or employee acting in the discharge of [his] their
24 duties within the scope of [his] their employment and/or under the
25 direction of the board of education, trustee or trustees, or governing
26 body of the school unless a notice of claim shall have been made and
27 served in compliance with section fifty-e of the general municipal law.
28 Every such action shall be commenced pursuant to the provisions of
29 section fifty-i of the general municipal law; provided, however, that
30 this section shall not apply to: (i) any claim to recover damages for
31 physical, psychological, or other injury or condition suffered as a
32 result of conduct which would constitute a sexual offense as defined in
33 article one hundred thirty of the penal law committed against a child
34 less than eighteen years of age, sex trafficking of a child as defined
35 in section 230.34-a of the penal law committed against a child less than
36 eighteen years of age, incest as defined in section 255.27, 255.26 or
37 255.25 of the penal law committed against a child less than eighteen
38 years of age, or the use of a child in a sexual performance as defined
39 in section 263.05 of the penal law committed against a child less than
40 eighteen years of age; or
41 (ii) any civil claim or cause of action revived pursuant to section
42 two hundred fourteen-j of the civil practice law and rules.
43 § 13. Severability. If any clause, sentence, paragraph, section or
44 part of this act shall be adjudged by any court of competent jurisdic-
45 tion to be invalid and after exhaustion of all further judicial review,
46 the judgment shall not affect, impair or invalidate the remainder there-
47 of, but shall be confined in its operation to the clause, sentence,
48 paragraph, section or part of this act directly involved in the contro-
49 versy in which the judgment shall have been rendered.
50 § 14. This act shall take effect immediately and shall apply to acts
51 or omissions occurring on or after such effective date and to acts or
52 omissions occurring prior to such effective date where the applicable
53 statute of limitations in effect on the date of such act or omission has
54 not yet expired.
