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S00066 Summary:

S00066 Actions:

S00066 Committee Votes:

S00066 Floor Votes:

S00066 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          66--A
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced by Sens. HOYLMAN, BAILEY, BIAGGI, BROOKS, GAUGHRAN, GIANARIS,
          GOUNARDES,  HARCKHAM, HINCHEY, JACKSON, KAPLAN, KENNEDY, KRUEGER, LIU,
          MAY,  MYRIE,  RAMOS,  REICHLIN-MELNICK,  RIVERA,  SALAZAR,  SEPULVEDA,
          SKOUFIS,  STAVISKY -- read twice and ordered printed, and when printed
          to be committed to the Committee on Judiciary --  recommitted  to  the
          Committee  on  Judiciary  in  accordance with Senate Rule 6, sec. 8 --
          reported favorably from said committee and committed to the  Committee
          on Finance -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee
 
        AN  ACT  to  amend  the civil practice law and rules, in relation to the
          statute of limitations for civil actions  related  to  certain  sexual
          offenses  committed  against  a person eighteen years of age or older,
          reviving such actions otherwise barred  by  the  existing  statute  of
          limitations  and  granting  trial  preference  to such actions; and to
          amend the judiciary law, in relation to directing the  chief  adminis-
          trator  of  the courts to promulgate rules for the timely adjudication
          of certain revived actions

          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 214-j 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00387-02-2
        S. 66--A                            2
 
     1  penal law committed against such person who was eighteen years of age or
     2  older, or incest as defined in section 255.26 or 255.27 of the penal law
     3  committed against such person who was eighteen years of  age  or  older,
     4  which  is  barred  as  of the effective date of this section because the
     5  applicable period of limitation has expired, and/or the plaintiff previ-
     6  ously failed to file a notice of claim or a notice of intention to  file
     7  a  claim,  is  hereby  revived,  and action thereon may be commenced not
     8  earlier than six months after, and not  later  than  one  year  and  six
     9  months  after  the  effective date of this section. In any such claim or
    10  action, dismissal of a previous action,  ordered  before  the  effective
    11  date  of  this  section,  on  grounds that such previous action was time
    12  barred, and/or for failure of a party to file a notice  of  claim  or  a
    13  notice  of intention to file a claim, shall not be grounds for dismissal
    14  of a revival action pursuant to this section.
    15    § 2. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
    16  law and rules, as added by chapter 11 of the laws of 2019, is amended to
    17  read as follows:
    18    7. any action which has been revived pursuant to section  two  hundred
    19  fourteen-g or two hundred fourteen-j of this chapter.
    20    §  3.  The  judiciary  law is amended by adding a new section 219-e to
    21  read as follows:
    22    § 219-e. Rules reviving certain actions; sexual  offenses.  The  chief
    23  administrator  of the courts shall promulgate rules for the timely adju-
    24  dication of revived actions brought  pursuant  to  section  two  hundred
    25  fourteen-j of the civil practice law and rules.
    26    § 4. The provisions of this act shall be severable, and if any clause,
    27  sentence,  paragraph,  subdivision or part of this act shall be adjudged
    28  by any court of competent jurisdiction  to  be  invalid,  such  judgment
    29  shall not affect, impair, or invalidate the remainder thereof, but shall
    30  be  confined in its operation to the clause, sentence, paragraph, subdi-
    31  vision or part thereof directly involved in  the  controversy  in  which
    32  such judgment shall have been rendered.
    33    §  5.  This act shall take effect immediately; provided, however, that
    34  section three of this act shall take effect three months after this  act
    35  shall have become a law.