New York S 6978: Removes statute of limitations for certain civil actions related to child sexual assault offenses

Bill Text

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S06978 Summary:

BILL NOS06978 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORHOYLMAN-SIGAL

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COSPNSRCLEARE, FERNANDEZ, MYRIE, SALAZAR, STAVISKY

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MLTSPNSR

&nbsp

Amd §§208, 213-c & 214-g, CPLR

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Removes statute of limitations for certain civil actions related to child sexual assault offenses.

Go to top S06978 Actions:

BILL NOS06978 

&nbsp

03/27/2025REFERRED TO CODES

Go to topS06978 Committee&nbspVotes:

Go to topS06978 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06978 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6978

 2025-2026 Regular Sessions

 IN SENATE

 March 27, 2025
 ___________

 Introduced by Sens. HOYLMAN-SIGAL, CLEARE, FERNANDEZ, MYRIE, SALAZAR,
 STAVISKY -- read twice and ordered printed, and when printed to be
 committed to the Committee on Codes

 AN ACT to amend the civil practice law and rules, in relation to remov-
 ing the statute of limitations in civil actions involving certain
 child sexual assault offenses

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision (b) of section 208 of the civil practice law
 2 and rules, as added by chapter 11 of the laws of 2019, is amended to
 3 read as follows:
 4 (b) Notwithstanding any provision of law which imposes a period of
 5 limitation to the contrary and the provisions of any other law pertain-
 6 ing to the filing of a notice of claim or a notice of intention to file
 7 a claim as a condition precedent to commencement of an action or special
 8 proceeding, with respect to all civil claims or causes of action brought
 9 by any person for physical, psychological or other injury or condition
 10 suffered by such person as a result of conduct which would constitute a
 11 sexual offense as defined in article one hundred thirty of the penal law
 12 committed against such person who was less than eighteen years of age,
 13 sex trafficking as defined in section 230.34 of the penal law, sex traf-
 14 ficking of a child as defined in section 230.34-a of the penal law,
 15 incest as defined in section 255.27, 255.26 or 255.25 of the penal law
 16 committed against such person who was less than eighteen years of age,
 17 or the use of such person in a sexual performance as defined in section
 18 263.05 of the penal law, or a predecessor statute that prohibited such
 19 conduct at the time of the act, which conduct was committed against such
 20 person who was less than eighteen years of age, such action may be
 21 commenced, against any party whose intentional or negligent acts or
 22 omissions are alleged to have resulted in the commission of said
 23 conduct, [on or before] by the plaintiff or infant plaintiff [reaches

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04163-02-5

 S. 6978 2

 1 the age of fifty-five years] at any time. In any such claim or action,
 2 in addition to any other defense and affirmative defense that may be
 3 available in accordance with law, rule or the common law, to the extent
 4 that the acts alleged in such action are of the type described in subdi-
 5 vision one of section 130.30 of the penal law or subdivision one of the
 6 former section 130.45 of the penal law, the affirmative defenses set
 7 forth, respectively, in the closing paragraph of such sections of the
 8 penal law shall apply.
 9 § 2. Section 213-c of the civil practice law and rules, as amended by
 10 chapter 23 of the laws of 2024, is amended to read as follows:
 11 § 213-c. Action by victim of conduct constituting certain sexual
 12 offenses. (a) Notwithstanding any other limitation set forth in this
 13 article, except as provided in subdivision (b) of section two hundred
 14 eight of this article, all civil claims or causes of action brought by
 15 any person for physical, psychological or other injury or condition
 16 suffered by such person as a result of conduct which would constitute
 17 rape in the first degree as defined in section 130.35 of the penal law,
 18 or rape in the second degree as defined in subdivision four, five or six
 19 of section 130.30 of the penal law, or rape in the second d