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A00648 Summary:

BILL NOA00648A
 
SAME ASSAME AS S00066-A
 
SPONSORRosenthal L
 
COSPNSRWeprin, Abinanti, Glick, Simon, Paulin, Niou, Hevesi, Cruz, Epstein, Woerner, Bichotte Hermelyn, Fernandez, Bronson, Taylor, Quart, Seawright, Hunter, Steck, Frontus, Gunther, Perry, Barron, Gonzalez-Rojas, Gallagher, Mamdani, Clark, Anderson, Septimo, Burdick, Dickens, Rivera JD, Sillitti, Darling, Dinowitz, Fahy, Mitaynes, Ramos, Reyes, Solages, Lupardo, Kelles, Forrest, Kim, Gottfried, Galef, Barrett, Burgos, Stirpe, Wallace, Walker, Jackson, Jacobson, McDonough, Buttenschon, McDonald, Aubry, Davila, Benedetto, Gibbs, Giglio JA, De Los Santos, DeStefano, Gandolfo, Brabenec, Mikulin, Cunningham, Smith, Carroll, Rajkumar, Pretlow, Rozic, Meeks, Tapia, Braunstein, Cook, Nolan, Lunsford
 
MLTSPNSREnglebright, Griffin
 
Add §214-j, amd R3403, CPLR; add §219-e, Judy L
 
Relates to the statute of limitations for civil actions related to certain sexual offenses committed against a person eighteen years of age or older, revives such actions otherwise barred by the existing statute of limitations and grants trial preference to such actions; directs the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions.
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A00648 Actions:

BILL NOA00648A
 
01/06/2021referred to judiciary
01/05/2022referred to judiciary
02/23/2022amend and recommit to judiciary
02/23/2022print number 648a
05/23/2022reported referred to rules
05/23/2022reported
05/23/2022rules report cal.282
05/23/2022substituted by s66a
 S00066 AMEND=A HOYLMAN
 01/06/2021REFERRED TO JUDICIARY
 05/11/2021REPORTED AND COMMITTED TO FINANCE
 05/26/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
 05/26/2021ORDERED TO THIRD READING CAL.1291
 06/03/2021PASSED SENATE
 06/03/2021DELIVERED TO ASSEMBLY
 06/03/2021referred to judiciary
 01/05/2022died in assembly
 01/05/2022returned to senate
 01/05/2022REFERRED TO JUDICIARY
 01/11/2022REPORTED AND COMMITTED TO FINANCE
 02/11/2022AMEND AND RECOMMIT TO FINANCE
 02/11/2022PRINT NUMBER 66A
 03/01/20221ST REPORT CAL.581
 03/02/20222ND REPORT CAL.
 03/03/2022ADVANCED TO THIRD READING
 04/26/2022PASSED SENATE
 04/26/2022DELIVERED TO ASSEMBLY
 04/26/2022referred to judiciary
 05/23/2022substituted for a648a
 05/23/2022ordered to third reading rules cal.282
 05/23/2022passed assembly
 05/23/2022returned to senate
 05/23/2022DELIVERED TO GOVERNOR
 05/24/2022SIGNED CHAP.203
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A00648 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A648A
 
SPONSOR: Rosenthal L
  TITLE OF BILL: 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 limi- tations and granting trial preference to such actions; and to amend the judiciary law, in relation to directing the chief administrator of the courts to promulgate rules for the timely adjudication of certain revived actions   PURPOSE: To create a one-year window for adult survivors of sexual offenses to bring civil claims which were previously time-barred.   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill creates a new section 214-j of the Civil Practice Law & Rules to allow for time-barred actions in which conduct which would constitute a sexual offense against a person 18 years of age or older is alleged to be revived, and not be barred by any statute of limitation or notice of claim requirement otherwise existing in law. Such revival can only take place within a one year window which commences six months from the effective date of the act. This section explicitly applies notwithstanding any other section of law pertaining to the filing of a notice of claim or a notice of intention to file a claim as a condition precedent to bringing a civil action against a public institution. This section also makes clear that any revived civil actions brought during the one-year window that were previously dismissed due to being time-barred or for failure to file a notice of claim or a notice of intention to file a claim shall not be dismissed on those grounds. Section 2 of the bill amends rule 3403 of the Civil Practice Law & Rules to establish a special trial preference for cases which have been revived pursuant to Section 1 of this act. Section 3 of the bill creates a new section 219-e of the Judiciary Law to require the Chief Administrative Judge of the Office of Court Admin- istration to promulgate rules concerning the timely adjudication of claims revived pursuant to Section 1 of this act. Section 4 of the bill is a severability clause. Section 5 of the bill is the effective date.   JUSTIFICATION: In 2019, the New York State Legislature enacted the Child Victims Act (S.2440/A.2683), prospectively increasing the criminal and civil stat- utes of limitations for child sexual offenses, and creating a one-year window for the revival of otherwise time-barred child sexual abuse-re- lated lawsuits. The Legislature also enacted legislation (S.6574/A.8412) to prospectively increase the criminal and civil statutes of limitations for a subset of sexual offenses committed against adults. Both bills were predicated on the widespread recognition that New York's existing statutes of limitations were insufficient in giving survivors of these heinous crimes enough time to pursue justice through criminal charges or filing .a civil lawsuit. New Jersey similarly enacted legislation in 2019 that prospectively increased the civil statute of limitations for both child and adult survivors of sexual offenses, as well as created a two-year window for the revival of otherwise time-barred lawsuits alleging conduct consti- tuting specified sexual offenses. Unlike New York's revival window, however, which applies only to survivors of sexual offenses who were minors at the time of the abuse, the New Jersey window also applies to survivors of sexual offenses who were adults (i.e. 18 or older) at the time of the alleged conduct. This legislation, the Adult Survivors Act, would create a one-year window for the revival of otherwise time-barred civil claims arising out of sexual offenses committed against people who were 18 or older at the time of the conduct. Those who have had justice denied them as a result of New York's formerly insufficient statutes of limitations should be given the opportunity to seek civil redress against their abuser or their abuser's enablers in a court of law.   LEGISLATIVE HISTORY: 2019-20: A.8726 - Referred to Judiciary; 5.6810 - Referred to Judiciary   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that section three of this act shall take effect three months after this act shall have become a law.
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A00648 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         648--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL, WEPRIN, ABINANTI, GLICK, SIMON,
          PAULIN,  NIOU,  HEVESI,  CRUZ,  EPSTEIN,  WOERNER,  BICHOTTE HERMELYN,
          FERNANDEZ,  BRONSON, TAYLOR, QUART, SEAWRIGHT, HUNTER, STECK, FRONTUS,
          GUNTHER, PERRY, GONZALEZ-ROJAS, GALLAGHER, MAMDANI,  CLARK,  ANDERSON,
          SEPTIMO,  BURDICK, DICKENS, J. D. RIVERA, SILLITTI, DARLING, DINOWITZ,
          FAHY, MITAYNES, RAMOS, REYES, SOLAGES, LUPARDO, KELLES, FORREST,  KIM,
          GOTTFRIED,  GALEF,  BARRETT, BURGOS, STIRPE, WALLACE, WALKER, JACKSON,
          JACOBSON, McDONOUGH, BUTTENSCHON, McDONALD, AUBRY, DAVILA,  BENEDETTO,
          GIBBS  --  Multi-Sponsored by -- M. of A. ENGLEBRIGHT, GRIFFIN -- read
          once and referred to the Committee on Judiciary -- recommitted to  the
          Committee  on  Judiciary in accordance with Assembly Rule 3, sec. 2 --
          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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00387-03-2

        A. 648--A                           2
 
     1  cause of action brought against any party alleging intentional or negli-
     2  gent acts or omissions by a person for physical, psychological, or other
     3  injury or condition suffered as a result of conduct which would  consti-
     4  tute  a  sexual  offense as defined in article one hundred thirty of the
     5  penal law committed against such person who was eighteen years of age or
     6  older, or incest as defined in section 255.26 or 255.27 of the penal law
     7  committed against such person who was eighteen years of  age  or  older,
     8  which  is  barred  as  of the effective date of this section because the
     9  applicable period of limitation has expired, and/or the plaintiff previ-
    10  ously failed to file a notice of claim or a notice of intention to  file
    11  a  claim,  is  hereby  revived,  and action thereon may be commenced not
    12  earlier than six months after, and not  later  than  one  year  and  six
    13  months  after  the  effective date of this section. In any such claim or
    14  action, dismissal of a previous action,  ordered  before  the  effective
    15  date  of  this  section,  on  grounds that such previous action was time
    16  barred, and/or for failure of a party to file a notice  of  claim  or  a
    17  notice  of intention to file a claim, shall not be grounds for dismissal
    18  of a revival action pursuant to this section.
    19    § 2. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
    20  law and rules, as added by chapter 11 of the laws of 2019, is amended to
    21  read as follows:
    22    7. any action which has been revived pursuant to section  two  hundred
    23  fourteen-g or two hundred fourteen-j of this chapter.
    24    §  3.  The  judiciary  law is amended by adding a new section 219-e to
    25  read as follows:
    26    § 219-e. Rules reviving certain actions; sexual  offenses.  The  chief
    27  administrator  of the courts shall promulgate rules for the timely adju-
    28  dication of revived actions brought  pursuant  to  section  two  hundred
    29  fourteen-j of the civil practice law and rules.
    30    § 4. The provisions of this act shall be severable, and if any clause,
    31  sentence,  paragraph,  subdivision or part of this act shall be adjudged
    32  by any court of competent jurisdiction  to  be  invalid,  such  judgment
    33  shall not affect, impair, or invalidate the remainder thereof, but shall
    34  be  confined in its operation to the clause, sentence, paragraph, subdi-
    35  vision or part thereof directly involved in  the  controversy  in  which
    36  such judgment shall have been rendered.
    37    §  5.  This act shall take effect immediately; provided, however, that
    38  section three of this act shall take effect three months after this  act
    39  shall have become a law.
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