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A01940 Summary:

BILL NOA01940B
 
SAME ASSAME AS S00349-B
 
SPONSORDinowitz
 
COSPNSRRosenthal L, Hevesi, Bichotte Hermelyn, Paulin, Colton, Glick, De Los Santos, Levenberg, Braunstein, Simon, Sillitti, Epstein, Cruz, Cook, Gonzalez-Rojas, Davila, Thiele, Lavine, Otis, Tapia, Maher, Zaccaro, Cunningham, McDonough, Darling
 
MLTSPNSR
 
Amd §30.10, CP L; amd §§208, 214-g & 213-c, R3403, add §214-k, CPLR; amd §219-e, Judy L; amd §§50-e & 50-i, Gen Muni L; amd §10, Ct Claims Act; amd §3813, Ed L
 
Extends the statute of limitations of actions related to certain sex trafficking offenses, reviving such actions otherwise barred by the existing statute of limitations; grants trial preference to such actions; exempts such actions from certain provisions requiring notice of claims.
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A01940 Actions:

BILL NOA01940B
 
01/23/2023referred to codes
04/21/2023amend (t) and recommit to codes
04/21/2023print number 1940a
06/08/2023reported referred to rules
12/11/2023amend and recommit to rules 1940b
01/03/2024referred to codes
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A01940 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1940B
 
SPONSOR: Dinowitz
  TITLE OF BILL: An act to amend the criminal procedure law, in relation to the statute of limitations in criminal prosecution of certain sex trafficking crimes; to amend the civil practice law and rules, in relation to the statute of limitations for civil actions related to certain sex traf- ficking offenses, reviving such actions otherwise barred by the existing statute of limitations and granting trial preference to such actions; to amend the judiciary law, in relation to the rules reviving certain sexu- al offense actions; to amend the general municipal law, in relation to providing that the notice of claim provisions shall not apply to actions related to certain sex trafficking offenses; to amend the court of claims act, in relation to providing that the notice of intention to file provisions shall not apply to actions related to certain sex traf- ficking offenses; and to amend the education law, in relation to provid- ing that the notice of claim provisions shall not apply to actions related to certain sex trafficking offenses   PURPOSE: This bill would extend the criminal and civil statutes of limitation to increase the time periods in which a prosecution for sex trafficking and sex trafficking of a child may be commenced and increase the time in which a civil suit may be brought   EXISTING LAW:: Currently, a prosecution for sex trafficking or sex trafficking of a child must be commenced Within five years of the commission of the offense. A civil suit must be brought within five years.   SUMMARY OF PROVISIONS:: Section one of the bill amends paragraph (a) of subdivision 2 of § 30.10 of the criminal procedure law to add sex trafficking as defined in section 230.34 of the penal law and sex trafficking of a child as defined in section 230.34-a of the penal law to the crimes for which prosecution may be commenced at any time. Section two of the bill amends paragraph (f) of subdivision 3 of § 30.10 of the criminal procedure law to make technical changes as the result of amending section one of the bill. Section three of the bill amends subdivision (b) of § 208 of the civil practice law and rules to amending prospectively the statute of limita- tions in civil actions alleging conduct which would constitute sex traf- ficking against a child under the age of 18 and sex trafficking of a child. This section would permit all civil claims or causes of action brought for physical, psychological or other injury or condition suffered as a result of conduct which would constitute sex trafficking against a child under the age of 18 or sex trafficking of a child against any party whose intentional or negligent acts or omissions are alleged to have resulted in the commission of that conduct up until the victim reaches 55 years of age. This section explicitly applies notwith- standing 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 prece- dent to bringing a civil action against a public institution. Section four of the bill amends § 214-g of the civil practice law and rules to allow for time-barred actions in which conduct which would constitute sex trafficking against a child under the age of 18 and sex trafficking of a child 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 five of the bill amends § 213-c of the civil practice law and rules to add sex trafficking and sex trafficking of a child as conduct which permits for all civil claims or causes of action that are brought for physical, psychological or other injury or condition suffered as a result of such conduct against any party whose intentional or negligent acts or omissions are alleged to have resulted in the commission of that conduct to twenty years. . Section six of the bill adds § 214-k to the civil practice law and rules to allow for time-barred actions in which conduct which would constitute sex trafficking 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 notwith- standing 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 prece- dent 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 seven of the bill amends paragraph 7 of subdivision (a) of rule 3403 of the civil practice'law and rules provides for a special trial preference for cases which have been revived pursuant to this act. Section eight of the bill amends § 219-e of the judiciary law to require the Chief Administrative Judge of the Office of Court Administration to promulgate rules concerning the timely adjudication of claims revived pursuant to Section one of this act. Section nine of the bill amends paragraph (b) of subdivision 8 of § 50-e of the general municipal law to remove notice of claim requirements in actions alleging damages resulting from the commission of sex traffick- ing against a child under the age of eighteen and sex trafficking of a child against governmental entities, thus putting governmental and non- governmental defendants on an equal footing for any civil actions brought after the effective date of this act, including during the one year revival-window. Current law, which requires that a notice of claim must first be served prior to commencing such actions, would not apply to these types of actions. Section ten of the bill amends subdivision five of § 50-i of the general municipal law to make the same aforementioned changes related to notice of claim requirements against a city, county, town, village, fire district, or school district Section eleven of the bill amends subdivision 10 of § 10 of the court of claims act to make the same aforementioned changes related to notice of claim requirements against the state or certain other State-related entities. Section twelve of the bill amends subdivision 2 of § 3813 of the educa- tion law to make the same aforementioned changes related to notice of claim requirements against school entities. Section thirteen of the bill provides the severability clause. Section fourteen of the bill provides the effective date.   JUSTIFICATION:: Trauma and culture force survivors of sexual offenses into silence. Statutes of limitation often render it impossible for these survivors to get justice when they are finally able to bravely come forward and break their silence. New York has recognized this issue by eliminating the statutes of limi- tation for B Felony sexual offenses, including rape in the first degree, aggravated sexual abuse, course of sexual conduct against a child, and incest in the first degree and by extending the statutes of limitation for other sexual offenses, including rape in the second degree, criminal sexual act in the second degree, incest in the second degree, rape in the third degree, and criminal sexual act in the third degree. Similarly, New York recognized the importance of increasing protections for survivors of these crimes by extending the time period in which a civil suit may be commenced. This bill would provide sex trafficking survivors with the same protections as survivors of other B Felony sex offenses.- It would remove the statute of limitations for sex trafficking and sex traffick- ing of a child and would extend the time period in which a civil cause of action can be commenced. The extended civil guidelines would give survivors of child trafficking the same protections as survivors of other sexual offenses committed against them in childhood, and it would likewise grant this same humanity to adult survivors.   PRIOR LEGISLATIVE HISTORY:: 2022: A.10612/S.8722 - Codes / Codes   FISCAL IMPLICATIONS:: None.   EFFECTIVE DATE: Immediately.
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A01940 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1940--B
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 23, 2023
                                       ___________
 
        Introduced  by  M. of A. DINOWITZ, L. ROSENTHAL, HEVESI, BICHOTTE HERME-
          LYN, PAULIN,  COLTON,  GLICK,  DE LOS SANTOS,  LEVENBERG,  BRAUNSTEIN,
          SIMON,  SILLITTI, EPSTEIN, CRUZ, COOK, GONZALEZ-ROJAS, DAVILA, THIELE,
          LAVINE, OTIS, TAPIA, MAHER -- read once and referred to the  Committee
          on  Codes  -- committee discharged, bill amended, ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to
          the  Committee  on  Rules -- Rules Committee discharged, bill amended,
          ordered reprinted as amended and recommitted to the Committee on Rules
 
        AN ACT to amend the criminal procedure law, in relation to  the  statute
          of  limitations  in  criminal  prosecution  of certain sex trafficking
          crimes; to amend the civil practice law and rules, in relation to  the
          statute  of limitations for civil actions related to certain sex traf-
          ficking offenses, reviving such actions otherwise barred by the exist-
          ing statute of limitations  and  granting  trial  preference  to  such
          actions; to amend the judiciary law, in relation to the rules reviving
          certain sexual offense actions; to amend the general municipal law, in
          relation  to  providing  that the notice of claim provisions shall not
          apply to actions related to certain sex trafficking offenses; to amend
          the court of claims act, in relation to providing that the  notice  of
          intention  to  file  provisions  shall not apply to actions related to
          certain sex trafficking offenses; and to amend the education  law,  in
          relation  to  providing  that the notice of claim provisions shall not
          apply to actions related to certain sex trafficking offenses
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of  subdivision 2 of section 30.10 of the
     2  criminal procedure law, as amended by chapter 315 of the laws  of  2019,
     3  is amended to read as follows:
     4    (a) A prosecution for a class A felony, or rape in the first degree as
     5  defined  in  section  130.35  of  the  penal  law, or a crime defined or
     6  formerly defined in section 130.50 of the penal law, or aggravated sexu-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01625-08-3

        A. 1940--B                          2
 
     1  al abuse in the first degree as defined in section 130.70 of  the  penal
     2  law,  or course of sexual conduct against a child in the first degree as
     3  defined in section 130.75 of  the  penal  law,  or  sex  trafficking  as
     4  defined  in  section  230.34  of  the penal law, or sex trafficking of a
     5  child as defined in section 230.34-a of the penal law, or incest in  the
     6  first  degree  as  defined  in  section  255.27  of the penal law may be
     7  commenced at any time;
     8    § 2. Paragraph (f) of subdivision 3 of section 30.10 of  the  criminal
     9  procedure  law, as amended by chapter 11 of the laws of 2019, is amended
    10  to read as follows:
    11    (f) For purposes of  a  prosecution  involving  a  sexual  offense  as
    12  defined  in  article  one hundred thirty of the penal law[, other than a
    13  sexual offense delineated in paragraph (a) of subdivision  two  of  this
    14  section,] committed against a child less than eighteen years of age, the
    15  period  of limitation shall not begin to run until the child has reached
    16  the age of twenty-three or the offense is reported to a law  enforcement
    17  agency  or  statewide  central register of child abuse and maltreatment,
    18  whichever occurs earlier.   This paragraph shall  not  apply  to  sexual
    19  offenses  delineated in paragraph (a) of subdivision two of this section
    20  committed against a child less than eighteen years of age, sex traffick-
    21  ing as defined in section 230.34 of the penal law  committed  against  a
    22  child  less  than  eighteen  years of age, sex trafficking of a child as
    23  defined in section 230.34-a of the  penal  law,  incest  in  the  first,
    24  second  or third degree as defined in sections 255.27, 255.26 and 255.25
    25  of the penal law committed against a child less than eighteen  years  of
    26  age,  or  use  of  a child in a sexual performance as defined in section
    27  263.05 of the penal law[, the period of limitation shall  not  begin  to
    28  run  until  the child has reached the age of twenty-three or the offense
    29  is reported to a law enforcement agency or statewide central register of
    30  child abuse and maltreatment, whichever occurs earlier].
    31    § 3. Subdivision (b) of section 208 of  the  civil  practice  law  and
    32  rules, as added by chapter 11 of the laws of 2019, is amended to read as
    33  follows:
    34    (b)  Notwithstanding  any  provision  of law which imposes a period of
    35  limitation to the contrary and the provisions of any other law  pertain-
    36  ing  to the filing of a notice of claim or a notice of intention to file
    37  a claim as a condition precedent to commencement of an action or special
    38  proceeding, with respect to all civil claims or causes of action brought
    39  by any person for physical, psychological or other injury  or  condition
    40  suffered  by such person as a result of conduct which would constitute a
    41  sexual offense as defined in article one hundred thirty of the penal law
    42  committed against such person who was less than eighteen years  of  age,
    43  sex  trafficking as defined in section 230.34 of the penal law committed
    44  against such person who was less than eighteen years of age,  sex  traf-
    45  ficking  of  a  child  as  defined in section 230.34-a of the penal law,
    46  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
    47  committed  against  such person who was less than eighteen years of age,
    48  or the use of such person in a sexual performance as defined in  section
    49  263.05  of  the penal law, or a predecessor statute that prohibited such
    50  conduct at the time of the act, which conduct was committed against such
    51  person who was less than eighteen years  of  age,  such  action  may  be
    52  commenced,  against  any  party  whose  intentional or negligent acts or
    53  omissions are alleged  to  have  resulted  in  the  commission  of  said
    54  conduct,  on or before the plaintiff or infant plaintiff reaches the age
    55  of fifty-five years. In any such claim or action,  in  addition  to  any
    56  other  defense  and affirmative defense that may be available in accord-

        A. 1940--B                          3
 
     1  ance with law, rule or the common law,  to  the  extent  that  the  acts
     2  alleged  in  such action are of the type described in subdivision one of
     3  section 130.30 of the penal law or subdivision one of section 130.45  of
     4  the  penal law, the affirmative defenses set forth, respectively, in the
     5  closing paragraph of such sections of the penal law shall apply.
     6    § 4. Section 214-g of the civil practice law and rules, as amended  by
     7  chapter 130 of the laws of 2020, is amended to read as follows:
     8    §  214-g.  (a)  Certain child sexual abuse cases.  Notwithstanding any
     9  provision of law which imposes a period of limitation  to  the  contrary
    10  and the provisions of any other law pertaining to the filing of a notice
    11  of  claim or a notice of intention to file a claim as a condition prece-
    12  dent to commencement of an action or  special  proceeding,  every  civil
    13  claim  or cause of action brought against any party alleging intentional
    14  or negligent acts or omissions by a person for physical,  psychological,
    15  or other injury or condition suffered as a result of conduct which would
    16  constitute  a sexual offense as defined in article one hundred thirty of
    17  the penal law committed against a child less than eighteen years of age,
    18  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
    19  committed against a child less than eighteen years of age, or the use of
    20  a  child  in  a  sexual  performance as defined in section 263.05 of the
    21  penal law, or a predecessor statute that prohibited such conduct at  the
    22  time  of  the act, which conduct was committed against a child less than
    23  eighteen years of age, which is barred as of the effective date of  this
    24  section  because the applicable period of limitation has expired, and/or
    25  the plaintiff previously failed to file a notice of claim or a notice of
    26  intention to file a claim, is hereby revived, and action thereon may  be
    27  commenced  not  earlier  than  six  months after, and not later than two
    28  years and six months after the effective date of this  section.  In  any
    29  such  claim or action: (a) in addition to any other defense and affirma-
    30  tive defense that may be available in accordance with law, rule  or  the
    31  common  law,  to  the extent that the acts alleged in such action are of
    32  the type described in subdivision one of section 130.30 of the penal law
    33  or subdivision one of section 130.45 of the penal law,  the  affirmative
    34  defenses  set  forth,  respectively,  in  the  closing paragraph of such
    35  sections of the penal law shall apply; and (b) dismissal of  a  previous
    36  action,  ordered  before  the effective date of this section, on grounds
    37  that such previous action was time barred, and/or for failure of a party
    38  to file a notice of claim or a notice of  intention  to  file  a  claim,
    39  shall  not be grounds for dismissal of a revival action pursuant to this
    40  section.
    41    (b) Notwithstanding any provision of law which  imposes  a  period  of
    42  limitation  to the contrary and the provisions of any other law pertain-
    43  ing to the filing of a notice of claim or a notice of intention to  file
    44  a claim as a condition precedent to commencement of an action or special
    45  proceeding,  every  civil  claim  or cause of action brought against any
    46  party alleging intentional or negligent acts or omissions  by  a  person
    47  for  physical, psychological, or other injury or condition suffered as a
    48  result of conduct which would constitute sex trafficking as  defined  in
    49  section  230.34  of  the  penal  law committed against a child less than
    50  eighteen years of age or sex  trafficking  of  a  child  as  defined  in
    51  section  230.34-a  of the penal law, which is barred as of the effective
    52  date of this subdivision because the applicable period of limitation has
    53  expired, and/or the plaintiff previously failed  to  file  a  notice  of
    54  claim  or  a notice of intention to file a claim, is hereby revived, and
    55  action thereon may be commenced not earlier than six months  after,  and
    56  not  later than one year and six months after the effective date of this

        A. 1940--B                          4
 
     1  subdivision.   In any such claim or  action,  dismissal  of  a  previous
     2  action,  ordered  before  the  effective  date  of  this subdivision, on
     3  grounds that such previous action was time barred, and/or for failure of
     4  a  party  to  file  a notice of claim or a notice of intention to file a
     5  claim, shall not be grounds for dismissal of a revival  action  pursuant
     6  to this subdivision.
     7    §  5. Section 213-c of the civil practice law and rules, as amended by
     8  chapter 315 of the laws of 2019, is amended to read as follows:
     9    § 213-c. Action by  victim  of  conduct  constituting  certain  sexual
    10  offenses. Notwithstanding any other limitation set forth in this article
    11  or  any  other  provision of law which imposes a period of limitation to
    12  the contrary, except as provided  in  subdivision  (b)  of  section  two
    13  hundred  eight  of  this  article,  all civil claims or causes of action
    14  brought by any person for physical, psychological  or  other  injury  or
    15  condition  suffered  by  such  person as a result of conduct which would
    16  constitute rape in the first degree as defined in section 130.35 of  the
    17  penal law, or rape in the second degree as defined in subdivision two of
    18  section  130.30 of the penal law, or rape in the third degree as defined
    19  in subdivision one or three of section 130.25 of the penal law, or crim-
    20  inal sexual act in the first degree as defined in section 130.50 of  the
    21  penal  law,  or  criminal  sexual act in the second degree as defined in
    22  subdivision two of section 130.45 of the penal law, or  criminal  sexual
    23  act  in  the  third  degree  as  defined  in subdivision one or three of
    24  section 130.40 of the penal law,  or  incest  in  the  first  degree  as
    25  defined  in  section  255.27  of  the penal law, or incest in the second
    26  degree as defined in section 255.26 of the penal law  (where  the  crime
    27  committed  is rape in the second degree as defined in subdivision two of
    28  section 130.30 of the penal law or criminal sexual  act  in  the  second
    29  degree  as  defined in subdivision two of section 130.45), or aggravated
    30  sexual abuse in the first degree as defined in  section  130.70  of  the
    31  penal  law,  or  course  of  sexual conduct against a child in the first
    32  degree as defined in section 130.75 of the penal law, or sex trafficking
    33  as defined in section 230.34 of the penal law, or sex trafficking  of  a
    34  child  as  defined  in  section 230.34-a of the penal law may be brought
    35  against any party whose intentional or negligent acts or  omissions  are
    36  alleged  to  have resulted in the commission of the said conduct, within
    37  twenty years. Nothing in this section shall be construed to require that
    38  a criminal charge be brought or a criminal conviction be obtained  as  a
    39  condition of bringing a civil cause of action or receiving a civil judg-
    40  ment pursuant to this section or be construed to require that any of the
    41  rules  governing  a  criminal proceeding be applicable to any such civil
    42  action.
    43    § 6. The civil practice law and rules  is  amended  by  adding  a  new
    44  section 214-k to read as follows:
    45    §   214-k.  Certain  sexual  offense  actions.    Notwithstanding  any
    46  provision of law which imposes a period of limitation  to  the  contrary
    47  and the provisions of any other law pertaining to the filing of a notice
    48  of  claim or a notice of intention to file a claim as a condition prece-
    49  dent to commencement of an action or  special  proceeding,  every  civil
    50  claim  or cause of action brought against any party alleging intentional
    51  or negligent acts or omissions by a person for physical,  psychological,
    52  or other injury or condition suffered as a result of conduct which would
    53  constitute sex trafficking as defined in section 230.34 of the penal law
    54  committed  against  such  person who was eighteen years of age or older,
    55  which is barred as of the effective date of  this  section  because  the
    56  applicable period of limitation has expired, and/or the plaintiff previ-

        A. 1940--B                          5
 
     1  ously  failed to file a notice of claim or a notice of intention to file
     2  a claim, is hereby revived, and action  thereon  may  be  commenced  not
     3  earlier  than  six  months  after,  and  not later than one year and six
     4  months  after  the  effective date of this section. In any such claim or
     5  action, dismissal of a previous action,  ordered  before  the  effective
     6  date  of  this  section,  on  grounds that such previous action was time
     7  barred, and/or for failure of a party to file a notice  of  claim  or  a
     8  notice  of intention to file a claim, shall not be grounds for dismissal
     9  of a revival action pursuant to this section.
    10    § 7. Paragraph 7 of subdivision (a) of rule 3403 of the civil practice
    11  law and rules, as amended by chapter 203 of the laws of 2022, is amended
    12  to read as follows:
    13    7. any action which has been revived pursuant to  subdivision  (a)  or
    14  (b)  of  section two hundred fourteen-g [or], two hundred fourteen-j, or
    15  two hundred fourteen-k of this chapter.
    16    § 8. Section 219-e of the judiciary law, as added by  chapter  203  of
    17  the laws of 2022, is amended to read as follows:
    18    §  219-e.  Rules  reviving certain actions; sexual offenses. The chief
    19  administrator of the courts shall promulgate rules for the timely  adju-
    20  dication  of  revived  actions  brought  pursuant to section two hundred
    21  fourteen-j and section two hundred fourteen-k of the civil practice  law
    22  and rules.
    23    §  9.  Paragraph  (b)  of subdivision 8 of section 50-e of the general
    24  municipal law, as added by chapter 11 of the laws of 2019, is amended to
    25  read as follows:
    26    (b) This section shall not apply  to  any  claim  made  for  physical,
    27  psychological,  or  other  injury  or  condition suffered as a result of
    28  conduct which would constitute a sexual offense as  defined  in  article
    29  one  hundred thirty of the penal law committed against a child less than
    30  eighteen years of age, sex trafficking as defined in section  230.34  of
    31  the penal law committed against a child less than eighteen years of age,
    32  sex  trafficking  of a child as defined in section 230.34-a of the penal
    33  law, incest as defined in section 255.27, 255.26 or 255.25 of the  penal
    34  law  committed  against  a child less than eighteen years of age, or the
    35  use of a child in a sexual performance as defined in section  263.05  of
    36  the penal law committed against a child less than eighteen years of age.
    37    §  10.  Subdivision 5 of section 50-i of the general municipal law, as
    38  added by chapter 11 of the laws of 2019, is amended to read as follows:
    39    5. Notwithstanding any provision of law to the contrary, this  section
    40  shall not apply to any claim made against a city, county, town, village,
    41  fire  district  or school district 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, sex
    45  trafficking as defined in section 230.34  of  the  penal  law  committed
    46  against  a  child  less than eighteen years of age, sex trafficking of a
    47  child as defined in section 230.34-a of the penal law, incest as defined
    48  in section 255.27, 255.26 or 255.25 of the penal law committed against a
    49  child less than eighteen years of age, or the use of a child in a sexual
    50  performance as defined in section 263.05  of  the  penal  law  committed
    51  against a child less than eighteen years of age.
    52    §  11.  Subdivision  10  of  section 10 of the court of claims act, as
    53  added by chapter 11 of the laws of 2019, is amended to read as follows:
    54    10. Notwithstanding any provision of law to the contrary, this section
    55  shall not apply to any claim to recover damages for physical, psycholog-
    56  ical, or other injury or condition suffered as a result of conduct which

        A. 1940--B                          6
 
     1  would constitute a sexual offense as  defined  in  article  one  hundred
     2  thirty  of  the  penal  law committed against a child less than eighteen
     3  years of age, sex trafficking as defined in section 230.34 of the  penal
     4  law committed against a child less than eighteen years of age, sex traf-
     5  ficking  of  a  child  as  defined in section 230.34-a of the penal law,
     6  incest as defined in section 255.27, 255.26 or 255.25 of the  penal  law
     7  committed against a child less than eighteen years of age, or the use of
     8  a  child  in  a  sexual  performance as defined in section 263.05 of the
     9  penal law committed against a child less than eighteen years of age.
    10    § 12. Subdivision 2 of section 3813 of the education law,  as  amended
    11  by chapter 11 of the laws of 2019, is amended to read as follows:
    12    2.  Notwithstanding anything to the contrary hereinbefore contained in
    13  this section, no action or special proceeding founded upon tort shall be
    14  prosecuted or maintained against  any  of  the  parties  named  in  this
    15  section  or against any teacher or member of the supervisory or adminis-
    16  trative staff or employee where the alleged tort was committed  by  such
    17  teacher  or  member  or  employee  acting in the discharge of his duties
    18  within the scope of his employment and/or under  the  direction  of  the
    19  board of education, trustee or trustees, or governing body of the school
    20  unless  a  notice of claim shall have been made and served in compliance
    21  with section fifty-e of the general municipal  law.  Every  such  action
    22  shall  be commenced pursuant to the provisions of section fifty-i of the
    23  general municipal law; provided, however, that this  section  shall  not
    24  apply  to  any  claim to recover damages for physical, psychological, or
    25  other injury or condition suffered as a result of  conduct  which  would
    26  constitute  a sexual offense as defined in article one hundred thirty of
    27  the penal law committed against a child less than eighteen years of age,
    28  sex trafficking of a child as defined in section 230.34-a of  the  penal
    29  law committed against a child less than eighteen years of age, incest as
    30  defined  in  section 255.27, 255.26 or 255.25 of the penal law committed
    31  against a child less than eighteen years of age, or the use of  a  child
    32  in  a  sexual  performance as defined in section 263.05 of the penal law
    33  committed against a child less than eighteen years of age.
    34    § 13. Severability. If any clause,  sentence,  paragraph,  section  or
    35  part  of  this act shall be adjudged by any court of competent jurisdic-
    36  tion to be invalid and after exhaustion of all further judicial  review,
    37  the judgment shall not affect, impair or invalidate the remainder there-
    38  of,  but  shall  be  confined  in its operation to the clause, sentence,
    39  paragraph, section or part of this act directly involved in the  contro-
    40  versy in which the judgment shall have been rendered.
    41    §  14.  This act shall take effect immediately and shall apply to acts
    42  or omissions occurring on or after such effective date and  to  acts  or
    43  omissions  occurring  prior  to such effective date where the applicable
    44  statute of limitations in effect on the date of such act or omission has
    45  not yet expired.
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