BILL NUMBER: S8320
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the court of claims act, in relation to the contents of
claims
 
PURPOSE OR GENERAL IDEA OF BILL:
This legislation would prevent cases filed under the Child Victims Act
(CVA) and Adult Survivors Act (ASA) from being unnecessarily dismissed.
 
SUMMARY OF PROVISIONS:
Section one amends section 11 of the court of claims act by adding two
new subdivisions d and e.
Section two provides the effective date.
 
JUSTIFICATION:
The Child Victims Act (Chapter 11 of the Laws, of 2019) and the Adult
Survivors Act (Chapter 203 of the Laws of 2022) created lookback windows
for survivors of sexual assault to bring civil cases against their abus-
er or an institution that harbored them, regardless of when the abuse
occurred. During these lookback periods, thousands of survivors came
forward and filed cases against their abusers, an opportunity they
otherwise would not have had given the typical statute of limitations.
However, for those whose cases needed to be filed through the Court of
Claims, state law has required them to provide specific information
about their abuse, including the "time and place." For survivors of
sexual abuse, recalling exact details of these traumatic moments can be
difficult, particularly for those whose abuse occurred decades ago. This
bill would ensure these rigid requirements do not result in further CVA
and ASA cases being dismissed.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately to certain delineated claims.