A06935 Summary:

BILL NOA06935
 
SAME ASNo Same As
 
SPONSORLentol
 
COSPNSR
 
MLTSPNSR
 
Add §215-a, CPLR
 
Revives causes of action for the sexual assault of an infant which have been barred by the statute of limitations; provides a one year window for such causes of action to be brought.
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A06935 Actions:

BILL NOA06935
 
03/27/2019referred to codes
01/08/2020referred to codes
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A06935 Committee Votes:

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A06935 Floor Votes:

There are no votes for this bill in this legislative session.
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A06935 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6935
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 27, 2019
                                       ___________
 
        Introduced by M. of A. LENTOL -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the civil practice law and rules, in relation to actions
          for  sexual  assault of an infant and providing for the repeal of such
          provisions upon expiration thereof
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The civil practice law and rules is amended by adding a new
     2  section 215-a to read as follows:
     3    § 215-a. Actions for sexual assault of an infant.  Notwithstanding any
     4  provision  of  law  to the contrary, any cause of action for physical or
     5  psychological injury sustained by a person under eighteen years  of  age
     6  as  a result of a sexual assault, which is barred because the statute of
     7  limitations has expired, is hereby revived, and an action thereon may be
     8  commenced within one year of the effective date of this section. For the
     9  purposes of this section, sexual assault  shall  be  a  sex  offense  as
    10  defined under article one hundred thirty of the penal law or a predeces-
    11  sor  statute at the time of the act. Any such cause of action previously
    12  dismissed because of the statute of limitations  may  be  brought  under
    13  this  section  notwithstanding  such  dismissal.  The provisions of this
    14  section shall be inapplicable to any civil action governed by the  stat-
    15  ute of limitations of another jurisdiction.
    16    §  2. This act shall take effect immediately and shall expire one year
    17  after such effective date, when upon such date the  provisions  of  this
    18  act  shall  be deemed repealed; and provided that the provisions of this
    19  act shall apply to causes of action pending or commenced on or after the
    20  effective date of this act.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10387-01-9
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