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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2575
SPONSOR: Dinowitz TITLE OF BILL:
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 existing
statute of limitations and granting trial preference to such actions; to
amend the judiciary law, in relation to the rules reviving certain sexu-
al 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 traf-
ficking offenses; and to amend the education law, in relation to provid-
ing that the notice of claim provisions shall not apply to actions
related to certain sex trafficking offenses
PURPOSE:
This bill would extend the criminal and civil statutes of limitation to
increase the time periods in which a prosecution for sex trafficking and
sex trafficking of a child may be commenced and increase the time in
which a civil suit may be brought
EXISTING LAW:
Currently, a prosecution for sex trafficking or sex trafficking of a
child must be commenced Within five years of the commission of the
offense. A civil suit must be brought within five years.
SUMMARY OF PROVISIONS:
Section one of the bill amends paragraph (a) of subdivision 2 of § 30.10
of the criminal procedure law to add sex trafficking as defined in
section 230.34 of the penal law and sex trafficking of a child as
defined in section 230.34-a of the penal law to the crimes for which
prosecution may be commenced at any time.
Section two of the bill amends paragraph (f) of subdivision 3 of § 30.10
of the criminal procedure law to make technical changes as the result of
amending section one of the bill.
Section three of the bill amends subdivision (b) of § 208 of the civil
practice law and rules to amending prospectively the statute of limita-
tions in civil actions alleging conduct which would constitute sex traf-
ficking against a child under the age of 18 and sex trafficking of a
child. This section would permit all civil claims or causes of action
brought for physical, psychological or other injury or condition
suffered as a result of conduct which would constitute sex trafficking
against a child under the age of 18 or sex trafficking of a child
against any party whose intentional or negligent acts or omissions are
alleged to have resulted in the commission of that conduct up until the
victim reaches 55 years of age. This section explicitly applies notwith-
standing any other section of law pertaining to the filing of a notice
of claim or a notice of intention to file a claim as a condition prece-
dent to bringing a civil action against a public institution.
Section four of the bill amends § 214-g of the civil practice law and
rules to allow for time-barred actions in which conduct which would
constitute sex trafficking against a child under the age of 18 and sex
trafficking of a child is alleged to be revived, and not be barred by
any statute of limitation or notice of claim requirement otherwise
existing in law. Such revival can only take place within a one-year
window which commences six months from the effective date of the act.
This section explicitly applies notwithstanding any other section of law
pertaining to the filing of a notice of claim or a notice of intention
to file a claim as a condition precedent to bringing a civil action
against a public institution. This section also makes clear that any
revived civil actions brought during the one-year window that were
previously dismissed due to being time-barred or for failure to file a
notice of claim or a notice of intention to file a claim shall not be
dismissed on those grounds.
Section five of the bill amends § 213-c of the civil practice law and
rules to add sex trafficking and sex trafficking of a child as conduct
which permits for all civil claims or causes of action that are brought
for physical, psychological or other injury or condition suffered as a
result of such conduct against any party whose intentional or negligent
acts or omissions are alleged to have resulted in the commission of that
conduct to twenty years.
Section six of the bill adds § 214-k to the civil practice law and rules
to allow for time-barred actions in which conduct which would constitute
sex trafficking against a person 18 years of age or older is alleged to
be revived, and not be barred by any statute of limitation or notice of
claim requirement otherwise existing in law. Such revival can only take
place within a one-year window which commences six months from the
effective -date of the act. This section explicitly applies notwith-
standing any other section of law pertaining to the filing of a notice
of claim or a notice of intention to file a claim as a condition prece-
dent to bringing a civil action against a public institution. This
section also makes clear that any revived civil actions brought during
the one-year Window that were-previously dismissed due to being time-
barred or for failure to file a notice of claim or a notice of intention
to file a claim shall not be dismissed on those grounds.
Section seven of the bill amends paragraph 7 of subdivision (a) of rule
3403 of the civil practice law and rules provides for a special trial
preference for cases which have been revived pursuant to this act.
Section eight of the bill amends § 219-e of the judiciary law to require
the Chief Administrative Judge of the Office of Court Administration to
promulgate rules concerning the timely adjudication of claims revived
pursuant to Section one of this act.
Section nine of the bill amends paragraph (b) of subdivision 8 of
§ 50-e of the general municipal law to remove notice of claim require-
ments in actions alleging damages resulting from the commission of sex
trafficking against a child under the age of eighteen and sex traffick-
ing of a child against governmental entities, thus putting governmental
and nongovernmental defendants on an equal footing for any civil actions
brought after the effective date of this act, including during the one
year revival-window. Current law, which requires that a notice of claim
must first be served prior to commencing such actions, would not apply
to these types of actions.
Section ten of the bill amends subdivision 5 of § 50-i of the general
municipal law to make the same aforementioned changes related to notice
of claim requirements against a city, county, town, village, fire
district, or school district
Section eleven of the bill amends subdivision 10 of § 10 of the court of
claims act to make the same aforementioned changes related to notice of
claim requirements against the state or certain other State-related
entities.
Section twelve of the bill amends subdivision 2 of § 3813 of the educa-
tion law to make the same aforeMentioned changes related to notice of
claim requirements against school entities.
Section thirteen of the bill provides the severability clause. Section
fourteen of the bill provides the effective date.
JUSTIFICATION:
Trauma and culture force survivors of sexual offenses into silence.
Statutes of limitation often render it impossible for these survivors to
get justice when they are finally able to bravely come forward and break
their silence.
New York has recognized this issue by eliminating the statutes of limi-
tation for B Felony sexual offenses, including rape in the first degree,
aggravated sexual abuse, course of sexual conduct against a child, and
incest in the first degree and by extending the statutes of limitation
for other sexual offenses, including rape in the second degree, criminal
sexual act in the second degree, incest in the second degree, rape in
the third degree, and criminal sexual act in the third degree.
Similarly, New York recognized the importance of increasing protections
for survivors of these crimes by extending the time period in which a
civil suit may be commenced. This bill would provide sex trafficking
survivors with the same protections as survivors of other B Felony sex
offenses.It would remove the statute of limitations for sex trafficking
and sex trafficking of a child and would extend the time period in which
a civil cause of action can be commenced. The extended civil guidelines
would give survivors of child trafficking the same protections as survi-
vors of other sexual offenses committed against them in childhood, and
it would likewise grant this same humanity to adult survivors.
PRIOR LEGISLATIVE HISTORY:
2024:A.1940-B- Codes/S.349-8- Passed Senate
2023:A.1940-A- Codes/S.349-A- Passed Senate
2022:A.10612 -Codes/S.8722 -Codes
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
Immediately.
