WeVote
Log In

Bill

Bill

S 9848

Relates to the contents of claims

2025 Regular Session Introduced by Cordell Cleare and 2 co-sponsors

The bill exempts sexual-offense or incest claims from detailed pleading requirements, allowing broader, less prescriptive submissions for victims (child or adult).

REFERRED TO JUDICIARY
0
WeVote Research Nonpartisan
Bill Summary · S 9848

Summary of Bill S. 9848 (2025-2026, New York) — Relates to the contents of claims

Overview

  • Bill number & session: S. 9848, 2025-2026
  • Introduced by: Sen. Salazar (co-sponsors: Julia Salazar, Jessica Ramos, Cordell Cleare)
  • Committee: Judiciary
  • Effective date: Immediate
  • Applicability: Applies to claims filed or pending on/after the effective date; also applies to certain dismissed claims if an appeal is possible as of the effective date.

Primary purpose

The bill amends the Court of Claims Act to clarify when a claimant is exempt from certain pleading requirements, specifically for claims arising from sexual offenses or incest involving victims or individuals aged 18 and older. In short, it narrows or removes the requirement (Subdivision b of Section 11) for identifying and detailing aspects of the claim in certain sexual offense/incest-related cases.

Key provisions

  1. New carve-out from existing pleading requirements (Sections 11(e) and 11(f))

    • The bill adds two new subdivisions (e and f) to Section 11 of the Court of Claims Act.
    • Both subdivisions exempt claims involving sexual offenses or incest from the existing requirement in Subdivision b that governs the contents and specificity of a claim.

  2. Scope of exemption (two pathways)

    • Subdivision e: Exemption applies to claims alleging intentional or negligent acts or omissions resulting in physical, psychological, or other injuries or conditions stemming from:
      • Sexual offenses defined in Article 130 of the Penal Law committed against a child, or
      • Incest offenses defined in Penal Law §§ 255.25, 255.26, or 255.27 committed against a child, or
      • Use of a child in a sexual performance defined in Penal Law § 263.05 (or a predecessor statute prohibiting such conduct)
      • The conduct must involve a child.
    • Subdivision f: Similar exemption but applies to offenses defined in Article 130 or incest offenses as described above committed against any person aged 18 or older (i.e., not limited to child victims).
  • In both cases, the subdivision excludes the requirement to conform with Subdivision b’s contents for these specific claims. This effectively permits broader or less prescriptive pleading for certain sex-offense or incest-related claims, regardless of whether the victim is a child or an adult.
  1. What remains governed by current rules?
    • All other claims not described above still must comply with the existing pleading contents requirements of Section 11, Subdivision b.

Who is affected

  • Claimants against the State of New York or other parties subject to the Court of Claims Act who pursue claims alleging:
    • Sexual offenses under Penal Law Article 130, or incest offenses under Penal Law §§ 255.25-27, and
    • Involved victims who are either:
    • Children (Subdivision e), or
    • Adults (18+) (Subdivision f)
  • This specifically affects cases involving physical, psychological, or other injuries or conditions arising from such conduct.

Procedural and timeline aspects

  • Effective date: Immediate upon enactment.
  • Application timing:
    • Applies to claims commenced on or after the effective date.
    • Applies to claims pending on or after the effective date.
    • Applies to claims dismissed prior to the effective date for failure to specify the claim details, provided the dismissal is being appealed or can be appealed as of the effective date.
  • Process impact: For qualifying claims, claimants may not need to adhere to the standard detailed contents requirement in Section 11, Subdivision b, thereby simplifying or broadening the pleading process for these specific offenses.

Practical impact

  • The bill provides targeted procedural relief for a subset of sensitive claims involving sexual offenses and incest.
  • It aims to reduce potential barriers or delays in pursuing claims where the nature of the conduct and the specifics of the injuries are inherently sensitive or complex.
  • Courts and claimants will need to apply the exemptions carefully, ensuring the claim still meets the overall requirements for a Court of Claims action outside the exempted categories.

If you’d like, I can provide a side-by-side comparison of the current Subdivision b requirements versus the new exemptions to illustrate precisely what content is affected.

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

Sign in to ask a question.