The New York bill is available, but thus far it's not available by itself; it's in with over a thousand pages of other bills and the actual budget itself, and it references other NYS statutes, so it's not the easiest thing to read.
On Feb. 7, 2018, a supporter of the Child Victim Act wrote me: The only part advocates are unhappy with is that, as it's currently written, is there would be no vicarious liability on new abuse claims. Meaning, you could sue a priest, but not a church, in new claims, but there would be full vicarious liability on old claims revived during the window period. That makes no sense, that's not what organizations fight for. Organizations always say "we've changed our ways, there will be no new claims, don't hold us accountable for our past". What we've heard from Cuomo's office is that this was actually a mistake and will get fixed. It may be fixed now.
FY 2019 NY State Executive Budget Public Protection and General Government Article VII Legislation
Page 127,
PART P
CHILD VICTIM ACT
6 Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the
7 criminal procedure law, as separately amended by chapters 3 and 320 of
8 the laws of 2006, is amended to read as follows:
9 (f) [For purposes of a] (i) A prosecution involving a [sexual] sexual_____ _______
10 ly related felony offense [as defined in article one hundred thirty of _________________
11 the penal law, other than a sexual offense delineated in paragraph (a)
12 of subdivision two of this section,] committed against a child less than
13 eighteen years of age, [incest in the first, second or third degree as
14 defined in sections 255.27, 255.26 and 255.25 of the penal law committed
15 against a child less than eighteen years of age, or use of a child in a
16 sexual performance as defined in section 263.05 of the penal law,] may ___
17 be commenced at any time. For all other sexually related offenses the ____________________________________________________________________
18 period of limitation shall not begin to run until the child has reached
19 the age of eighteen or the offense is reported to a law enforcement
20 agency or statewide central register of child abuse and maltreatment,
21 whichever occurs earlier.
22 (ii) For purposes of this paragraph, a sexually related offense shall _____________________________________________________________________
23 mean any offense listed in article one hundred thirty, two hundred thir________________________________________________________________________
24 ty, two hundred thirty-five, two hundred forty-five, or two hundred ________________________________________________________________________
25 sixty-three of the penal law, or sections 120.70 (luring a child), ________________________________________________________________________
26 135.05 (unlawful imprisonment in the second degree), 135.10 (unlawful ________________________________________________________________________
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1 imprisonment in the first degree), 240.37 (loitering for the purposes of ________________________________________________________________________
2 engaging in a prostitution offense), 250.45 (unlawful surveillance in ________________________________________________________________________
3 the second degree), 250.50 (unlawful surveillance in the first degree), ________________________________________________________________________
4 255.15 (bigamy), 255.25 (incest in the third degree), 255.26 (incest in ________________________________________________________________________
5 the second degree), 255.27 (incest in the first degree), 260.20 (unlaw________________________________________________________________________
6 fully dealing with a child in the first degree), 260.21 (unlawfully ________________________________________________________________________
7 dealing with a child in the second degree), 260.32 (endangering the ________________________________________________________________________
8 welfare of a vulnerable elderly person, or an incompetent or physically ________________________________________________________________________
9 disabled person in the second degree), or 260.34 (endangering the ________________________________________________________________________
10 welfare of a vulnerable elderly person, or an incompetent or physically ________________________________________________________________________
11 disabled person in the first degree) of the penal law. ______________________________________________________
12 § 2. Subdivision 8 of section 50-e of the general municipal law, as
13 amended by chapter 24 of the laws of 1988, is amended to read as
14 follows:
15 8. Inapplicability of section. (a) This section shall not apply to ___
16 claims arising under the provisions of the workers' compensation law,
17 the volunteer firefighters' benefit law, or the volunteer ambulance
18 workers' benefit law or to claims against public corporations by their
19 own infant wards.
20 (b) This section shall not apply to any claim made for physical, ______________________________________________________________________
21 psychological, or other injury or condition suffered as a result of ________________________________________________________________________
22 conduct of a defendant that would constitute a sexually related offense ________________________________________________________________________
23 as stated in subparagraph (ii) of paragraph (f) of subdivision three of ________________________________________________________________________
24 section 30.10 of the criminal procedure law committed against a child ________________________________________________________________________
25 less than eighteen years of age. ________________________________
26 § 3. Section 50-i of the general municipal law is amended by adding a
27 new subdivision 5 to read as follows:
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1 5. Notwithstanding any provision of law to the contrary, this section ______________________________________________________________________
2 shall not apply to any claim made against a city, county, town, village, ________________________________________________________________________
3 fire district or school district for physical, psychological, or other ________________________________________________________________________
4 injury or condition suffered as a result of conduct of a defendant that ________________________________________________________________________
5 would constitute a sexually related offense as stated in subparagraph ________________________________________________________________________
6 (ii) of paragraph (f) of subdivision three of section 30.10 of the crim________________________________________________________________________
7 inal procedure law committed against a child less than eighteen years of ________________________________________________________________________
8 age. ____
9 § 4. Section 10 of the court of claims act is amended by adding a new
10 subdivision 10 to read as follows:
11 10. Notwithstanding any provision of law to the contrary, this section ______________________________________________________________________
12 shall not apply to any claim made against the state for physical, ________________________________________________________________________
13 psychological, or other injury or condition suffered as a result of ________________________________________________________________________
14 conduct of a defendant that would constitute a sexually related offense ________________________________________________________________________
15 as stated in subparagraph (ii) of paragraph (f) of subdivision three of ________________________________________________________________________
16 section 30.10 of the criminal procedure law committed against a child ________________________________________________________________________
17 less than eighteen years of age. ________________________________
18 § 5. Subdivision 2 of section 3813 of the education law, as amended by
19 chapter 346 of the laws of 1978, is amended to read as follows:
20 2. Notwithstanding anything to the contrary hereinbefore contained in
21 this section, no action or special proceeding founded upon tort shall be
22 prosecuted or maintained against any of the parties named in this
23 section or against any teacher or member of the supervisory or adminis
24 trative staff or employee where the alleged tort was committed by such
25 teacher or member or employee acting in the discharge of his duties
26 within the scope of his employment and/or under the direction of the
27 board of education, trustee or trustees, or governing body of the school
28 unless a notice of claim shall have been made and served in compliance
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1 with section fifty-e of the general municipal law. Every such action
2 shall be commenced pursuant to the provisions of section fifty-i of the
3 general municipal law, provided, however, that this section shall not _________________________________________________
4 apply to any claim made against a school district for physical, psycho________________________________________________________________________
5 logical, or other injury or condition suffered as a result of conduct of ________________________________________________________________________
6 a defendant that would constitute a sexually related offense as stated ________________________________________________________________________
7 in subparagraph (ii) of paragraph (f) of subdivision three of section ________________________________________________________________________
8 30.10 of the criminal procedure law committed against a child less than ________________________________________________________________________
9 eighteen years of age. _____________________
10 § 6. Section 213-c of the civil practice law and rules, as added by
11 chapter 3 of the laws of 2006, is amended to read as follows:
12 § 213-c. Action by victim of conduct constituting certain [sexual]
13 sexually related offenses. 1. Notwithstanding any other limitation set _________________ __
14 forth in this article, a civil claim or cause of action to recover from
15 a defendant as hereinafter defined, for physical, psychological or other
16 injury or condition suffered by a person as a result of [acts] any act _______
17 by such defendant [of rape in the first degree as defined in section
18 130.35 of the penal law, or criminal sexual act in the first degree as
19 defined in section 130.50 of the penal law, or aggravated sexual abuse
20 in the first degree as defined in section 130.70 of the penal law, or
21 course of sexual conduct against a child in the first degree as defined
22 in section 130.75 of the penal law] that would constitute a sexually ________________________________
23 related offense as stated in subparagraph (ii) of paragraph (f) of ________________________________________________________________________
24 subdivision three of section 30.10 of the criminal procedure law may be _________________________________________________________________
25 [brought within five years] commenced within fifty years of the commis____________________________________________
26 sion of the act. As used in this section, the term "defendant" shall _________________
27 mean only a person who commits any of the acts described in this section ______
28 or who, in a criminal proceeding, could be charged with criminal liabil
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1 ity for the commission of such acts pursuant to section 20.00 of the
2 penal law and shall not apply to any related civil claim or cause of
3 action arising from such acts. Nothing in this section shall be
4 construed to require that a criminal charge be brought or a criminal
5 conviction be obtained as a condition of bringing a civil cause of
6 action or receiving a civil judgment pursuant to this section or be
7 construed to require that any of the rules governing a criminal proceed
8 ing be applicable to any such civil action.
9 2. In an action brought pursuant to this section, the burden shall be ______________________________________________________________________
10 on the plaintiff to prove by a preponderance of the evidence that the ________________________________________________________________________
11 acts constituting the sexually related offense were committed by the ________________________________________________________________________
12 defendant. __________
13 § 7. The civil practice law and rules is amended by adding a new
14 section 214-g to read as follows:
15 § 214-g. Certain child sexual abuse cases. Notwithstanding any ______________________________________________________________________
16 provision of law that imposes a period of limitation to the contrary, ________________________________________________________________________
17 every civil claim or cause of action brought by a person for physical, ________________________________________________________________________
18 psychological, or other injury or condition suffered as a result of ________________________________________________________________________
19 conduct that would constitute a sexually related offense as stated in ________________________________________________________________________
20 subparagraph (ii) of paragraph (f) of subdivision three of section 30.10 ________________________________________________________________________
21 of the criminal procedure law committed against a child less than eigh________________________________________________________________________
22 teen years of age, that is barred as of the effective date of this ________________________________________________________________________
23 section because the applicable period of limitation has expired is here________________________________________________________________________
24 by revived, and action thereon may be commenced on or before one year ________________________________________________________________________
25 after the effective date of this section. _________________________________________
26 § 8. This act shall take effect immediately; provided, however, that
27 the amendments to section 213-c of the civil practice law and rules made
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1 by section six of this act shall apply to any cause of action, regard
2 less of the date on which such cause of action accrued.
