New York A 10046: Permits courts to award punitive damages against an estate for sexual abuse

Bill Text

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A10046 Summary:

BILL NOA10046 

&nbsp

SAME ASSAME AS S08624

&nbsp

SPONSORJackson

&nbsp

COSPNSRRosenthal

&nbsp

MLTSPNSR

&nbsp

Add §5254, CPLR

&nbsp

Permits courts to award punitive damages against an estate for sexual abuse.

Go to top A10046 Actions:

BILL NOA10046 

&nbsp

01/30/2026referred to codes

Go to topA10046 Committee&nbspVotes:

Go to topA10046 Floor&nbspVotes:

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

Go to topA10046 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10046

 IN ASSEMBLY

 January 30, 2026
 ___________

 Introduced by M. of A. JACKSON -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the civil practice law and rules, in relation to permit-
 ting courts to award punitive damages against an estate for sexual
 abuse

 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 5254 to read as follows:
 3 § 5254. Punitive damages against an estate for sexual abuse. Notwith-
 4 standing any provision of the estates, powers and trusts law, including
 5 but not limited to subparagraph one of paragraph (a) of section 11-3.2
 6 of the estates, powers and trusts law, punitive damages may be awarded
 7 in any civil action alleging sexual abuse, sexual assault, sexual
 8 misconduct, or sex trafficking of a minor or an adult, and in any civil
 9 action arising from conduct of a sexual nature that constitutes a crime
 10 under state or federal law. Such actions include, but are not limited
 11 to, claims brought pursuant to any state or municipal statute creating a
 12 civil remedy for gender-motivated violence or sexual misconduct. Puni-
 13 tive damages may be sought, awarded, and enforced against the personal
 14 representative of the estate of a deceased individual alleged to have
 15 committed, directed, enabled, or facilitated the underlying conduct. The
 16 standard of proof for an award of punitive damages in actions subject to
 17 this section shall be a preponderance of the evidence. No cause of
 18 action covered by this section shall be limited, abated, or impaired by
 19 the death of the individual liable for the conduct, and punitive damages
 20 shall be recoverable to the same extent as if such individual were
 21 living.
 22 § 2. This act shall take effect immediately and shall apply to all
 23 pending actions and actions commenced on or after such date.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14195-02-5

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