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

  
  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 degree as 20 defined in former subdivision two of section 130.30 of the penal law, or 21 rape in the third degree as defined in subdivision one, two, three, 22 seven, eight or nine of section 130.25 of the penal law, or a crime 23 formerly defined in section 130.50 of the penal law, or a crime formerly 24 defined in subdivision two of the former section 130.45 of the penal 25 law, or a crime formerly defined in subdivision one or three of section 26 130.40 of the penal law, or incest in the first degree as defined in 27 section 255.27 of the penal law, or incest in the second degree as 28 defined in section 255.26 of the penal law (where the crime committed is 29 rape in the second degree as defined in subdivision four, five or six of 30 section 130.30 of the penal law, or rape in the second degree as former- 31 ly defined in subdivision two of section 130.30 of the penal law, or a 32 crime formerly defined in subdivision two of the former section 130.45 33 of the penal law), or aggravated sexual abuse in the first degree as 34 defined in section 130.70 of the penal law, or course of sexual conduct 35 against a child in the first degree as defined in section 130.75 of the 36 penal law may be brought against any party whose intentional or negli- 37 gent acts or omissions are alleged to have resulted in the commission of 38 the said conduct, within twenty years. 39 (b) Notwithstanding the provisions of subdivision (a) of this section, 40 or any other provision of law to the contrary, all civil claims or caus- 41 es of action brought by any person for physical, psychological or other 42 injury or condition suffered as a result of conduct which would consti- 43 tute a sexual offense as defined in article one hundred thirty of the 44 penal law committed against a child less than eighteen years of age, 45 incest as defined in section 255.25, 255.26 or 255.27 of the penal law 46 committed against a child less than eighteen years of age, or the use of 47 a child in a sexual performance as defined in section 263.05 of the 48 penal law, or a predecessor statute that prohibited such conduct at the 49 time of the act, which conduct was committed against a child less than 50 eighteen years of age, such action may be commenced at any time. 51 (c) Nothing in this section shall be construed to require that a crim- 52 inal charge be brought or a criminal conviction be obtained as a condi- 53 tion of bringing a civil cause of action or receiving a civil judgment 54 pursuant to this section or be construed to require that any of the 55 rules governing a criminal proceeding be applicable to any such civil 56 action. 
 S. 6978 3 1 § 3. Section 214-g of the civil practice law and rules, as amended by 2 chapter 130 of the laws of 2020, is amended to read as follows: 3 § 214-g. Certain child sexual abuse cases. Notwithstanding any 4 provision of law which imposes a period of limitation to the contrary 5 and the provisions of any other law pertaining to the filing of a notice 6 of claim or a notice of intention to file a claim as a condition prece- 7 dent to commencement of an action or special proceeding, every civil 8 claim or cause of action brought against any party alleging intentional 9 or negligent acts or omissions by a person for physical, psychological, 10 or other injury or condition suffered as a result of conduct which would 11 constitute a sexual offense as defined in article one hundred thirty of 12 the penal law committed against a child less than eighteen years of age, 13 sex trafficking as defined in section 230.34 of the penal law, or sex 14 trafficking 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 a child less than eighteen years of age, or the use of 17 a child in a sexual performance as defined in section 263.05 of the 18 penal law, or a predecessor statute that prohibited such conduct at the 19 time of the act, which conduct was committed against a child less than 20 eighteen years of age, which is barred as of the effective date of this 21 section because the applicable period of limitation has expired, and/or 22 the plaintiff previously failed to file a notice of claim or a notice of 23 intention to file a claim, is hereby revived, and action thereon may be 24 commenced [not earlier than six months after, and not later than two 25 years and six months after the effective date of this section] at any 26 time. In any such claim or action: (a) in addition to any other defense 27 and affirmative defense that may be available in accordance with law, 28 rule or the common law, to the extent that the acts alleged in such 29 action are of the type described in subdivision one of section 130.30 of 30 the penal law or subdivision one of the former section 130.45 of the 31 penal law, the affirmative defenses set forth, respectively, in the 32 closing paragraph of such sections of the penal law shall apply; and (b) 33 dismissal of a previous action, ordered before the effective date of 34 this section, on grounds that such previous action was time barred, 35 and/or for failure of a party to file a notice of claim or a notice of 36 intention to file a claim, shall not be grounds for dismissal of a 37 revival action pursuant to this section. 38 § 4. This act shall take effect immediately.