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Bill

A 10046

Permits courts to award punitive damages against an estate for sexual abuse

2025 Regular Session Introduced by Chantel Jackson and 1 co-sponsor

Allows punitive damages against a deceased offender’s estate in sexual abuse cases, enabling recovery against the estate’s personal representative.

REFERRED TO CODES
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WeVote Research Nonpartisan
Bill Summary · A 10046

Bill Overview

  • Bill: A 10046
  • Session: 2025-2026
  • Jurisdiction: New York
  • Introduction: January 30, 2026
  • Sponsor: Assembly Member Chantel Jackson (co-sponsors: Linda Rosenthal)
  • Committee: Codes

Purpose and Intent

  • The bill adds a new mechanism to permit punitive damages against the estate of a deceased alleged offender in certain sexual abuse-related cases.
  • It allows civil actions involving sexual abuse, sexual assault, sexual misconduct, or sex trafficking of a minor or an adult, as well as other conduct of a sexual nature that constitutes a crime under state or federal law, to seek punitive damages against the personal representative of the deceased individual’s estate.
  • The aim is to ensure accountability and deterrence by allowing punitive damages even after the alleged offender’s death.

Key Provisions

  • Establishes new Section 5254 of the Civil Practice Law and Rules.
  • Permissible targets for punitive damages: the personal representative of the estate of a deceased individual who allegedly committed, directed, enabled, or facilitated the underlying conduct.
  • Reach and scope:
    • Applies to actions alleging sexual abuse, sexual assault, sexual misconduct, or sex trafficking involving a minor or an adult.
    • Also covers actions arising from conduct of a sexual nature that constitutes a crime under state or federal law.
    • Includes civil remedies created by state or municipal statutes addressing gender-motivated violence or sexual misconduct.
  • Standard of proof: punitive damages must be proven by a preponderance of the evidence.
  • Impact of death: death of the liable individual does not terminate or impair the cause of action; punitive damages can be recovered as if the individual were living.
  • Enforcement: punitive damages may be sought, awarded, and enforced against the estate’s personal representative.

Who Is Affected

  • Plaintiffs seeking damages in civil lawsuits alleging sexual abuse or related conduct described above.
  • Personal representatives of estates of deceased individuals implicated in the conduct.
  • Defendants could include estates and their personal representatives, as well as institutions or individuals associated with the alleged conduct.

Procedural and Timeline Aspects

  • Effective date: The act takes effect immediately upon enactment.
  • Application: Applies to all pending actions and to actions commenced on or after the effective date.
  • Procedure: Adds a new avenue for punitive damages in accordance with Section 5254, superceding any conflicting provisions in the Estates, Powers and Trusts Law to the extent of conflict.

Practical Implications

  • Increases potential liability for estates of deceased offenders in sexual abuse cases.
  • Creates a mechanism to pursue punitive damages even after death, potentially affecting settlements and litigation strategy.
  • Aligns New York law with broader aims of accountability and deterrence in cases involving sexual misconduct.

Compiled from official sources — confirm details with the bill’s official record.

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