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A09036 Summary:

BILL NOA09036
 
SAME ASSAME AS S07082
 
SPONSORRosenthal L
 
COSPNSRCruz, Quart, Weprin, Ortiz, Abinanti, Glick, Otis, Bichotte, Stern, Jacobson, DenDekker, Blake, Reyes, Cahill, Niou, Mosley, Epstein, Seawright, Fernandez, Simotas, Stirpe, Simon, Griffin, Bronson
 
MLTSPNSRPerry
 
Amd 214-g, CPLR
 
Extends the time in which to file a claim relating to certain child sexual abuse cases.
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A09036 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9036
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the civil practice law and rules, in relation to extend- ing the statute of limitations for certain child sexual abuse cases   SUMMARY OF SPECIFIC PROVISIONS: Section 1 of the bill amends section 214-g of the civil practice law and rules, as added by chapter 11 of the laws of 2019, to extend by one year the period o f time during which otherwise time-barred civil claims revived by the Child Victims Act may be initiated. Section 2 of the bill is the effective date.   JUSTIFICATION: In 2019, the New York State Legislature enacted the Child Victims Act, which, among other provisions, created a one-year window during which adult survivors of child sexual abuse would be permitted to file civil actions, even if the statute of limitations had already expired or, in the case of civil actions against public institutions, a notice of claim requirement had gone unmet. The revival window created by the Child Victims Act opened on August 14, 2019. As of December 2019, four months into the revival window, over 1,300 civil suits have been filed against alleged abusers, on behalf of at least 1,700 survivors. Extending the length of the revival window would provide more time to notify New Yorkers about the new law and allow more survivors to seek the justice that was denied them by New York's formerly prohibitive civil statute of limitations. Several states that have enacted legis- lation similar to the Child Victims Act have opted to provide a revival window of longer than one year - most recently New Jersey, which provided a two-year window that opened in December 2019.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect immediately.
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