Removes statute of limitations for certain civil actions related to child sexual assault offenses.
Summary
This bill would eliminate the statute of limitations for certain civil lawsuits arising from child sexual assault, incest, and the use of a child in a sexual performance. It amends the Civil Practice Law and Rules so that survivors of these offenses, when the conduct occurred before age 18, may bring civil claims against alleged responsible parties at any time, rather than being limited by the current age-55 deadline in one provision and the 20-year limitation in another.
The bill also expands and clarifies the revival of previously time-barred claims. It would reopen certain child sexual abuse cases that were already barred as of the effective date, including cases that were dismissed because the limitations period expired or because a required notice of claim was not filed. The bill states that no criminal charge or conviction is required to pursue the civil action, and it preserves certain affirmative defenses tied to specific sexual offense provisions in the Penal Law.
Impact
If enacted, the bill would substantially change New York civil procedure by removing time limits for a defined set of child sexual abuse-related civil claims and by reviving expired claims for a limited class of cases. It would amend CPLR 208, 213-c, and 214-g, affecting survivors, alleged abusers, and potentially institutions or other parties whose intentional or negligent acts or omissions are alleged to have enabled the abuse. It would also override notice-of-claim barriers in revived cases and allow actions to proceed immediately upon enactment.
Sentiment
The available context shows no recorded committee debate or votes, so there is no documented legislative sentiment from hearings or floor action. Based on the bill’s subject matter and structure, it appears to be a survivor-focused measure intended to expand access to civil remedies for child sexual abuse victims, with no explicit opposition reflected in the provided materials.
Contention
The main points of contention are likely to be the retroactive revival of expired claims and the removal of all filing deadlines, which can raise concerns about stale evidence, witness availability, and litigation exposure for defendants. Another likely issue is the bill’s effect on public entities and other parties that may have relied on notice-of-claim requirements or existing limitations periods. The bill also preserves certain affirmative defenses under the Penal Law, suggesting an effort to balance expanded access for survivors with protections for defendants in specific circumstances.
Eliminates statute of limitations for civil actions arising from sexual assault and other crimes and offenses of a sexual nature committed against a person 18 years of age or older.
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