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S08320 Summary:

BILL NOS08320
 
SAME ASSAME AS A08635-A
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
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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S08320 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8320
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      June 2, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
 
        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 d and e to read as follows:
     3    d.  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    e. 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;
    22    (b) any claim pending on or after the effective date of this act; and
    23    (c)  any  claim that was dismissed prior to the effective date of this
    24  act for failure to specify the nature of the claim,  the  time  when  it
    25  arose, the place where it arose, the items of damage or injuries claimed
    26  to  have  been  sustained,  or the total sum claimed, provided that such
    27  dismissal is being appealed or can be appealed as of the effective  date
    28  of this act.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13307-01-5
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