N.Y. Assembly Democrats Reach Compromise on Abuse Victims Law

By Kenneth Lovett
New York Daily News
June 8, 2016

http://www.nydailynews.com/news/politics/n-y-assembly-dems-reach-compromise-abuse-victims-law-article-1.2665184

Assembly Speaker Carl Heastie and his fellow Democrats have agreed on a bill to help child abuse victims seek justice. (MIKE GROLL/AP)

Assembly Democrats have agreed on a new bill that would make it easier for child sexual abuse victims to seek justice as adults.

The bill would extend the time that criminal or civil cases against predators can be brought, treat public and private institutions equally when it comes to sex abuse cases, and provide a window to revive cases barred under current law.

“Child sex abuse victims deserve justice, and this bill will help them find their voice and give them the courage to come forward,” said Assembly Speaker Carl Heastie (D-Bronx).

The emerging legislation represents a compromise between a more expansive bill pushed by Assemblywoman Margaret Markey (D-Queens) and a more restrictive one by Assemblyman Michael Cusick (D-Staten Island) that is supported by the Catholic Church.

Assembly Democrats discussed the legislation behind closed doors Tuesday morning and are expected to take it up next week.

The issue is also subject to continuing negotiations among the Assembly, Senate and Gov. Cuomo. With just five session days left in the legislative calendar due to end June 16, the clock is ticking for a deal to be reached.

Markey, who supports the new bill, plans to begin discussions Wednesday with some senators.

Assemblywoman Margaret Markey (2nd from right) is supporting the new bill. She plans to discuss the legislation with senators on Wednesday. (JEFFERSON SIEGEL/NEW YORK DAILY NEWS)

“I think it’s a fair bill,” she said. “I think it must be done.”

But while the bulk of the Assembly Democratic conference supports the legislation, Cusick wouldn’t commit to voting for it.

He said the legislation contains some “positive steps,” but expressed continued reservations about reviving old cases, something the church and other groups have argued could lead to thousands of cases that can bankrupt them.

According to those briefed on the Assembly bill, which as of Tuesday had yet to be formally introduced, the five-year statute of limitation on felony criminal child sex abuse cases would start at age 23, up from 18.

For civil cases, a person would have until their 28th birthday to bring a lawsuit against a predator, up from the current 23.

The bill would also do away with a requirement that those abused in a public institution like a school must file a notice of intent to sue within 90 days of the incident occurring — something that in the past has been vehemently opposed by the public sector and powerful teachers union.

Under the bill, a person would have until their 28th birthday to bring cases regardless of whether the abuse occurred in a private or public institution.

In addition, the bill includes a six-month window for people to revive cases barred under current law, which is six months less than advocates have been seeking. But the six-month window wouldn’t begin until six months after the law goes into effect, which would give people time to find a lawyer and prepare, officials said.

To address concerns by some Democrats and Republicans that a look-back would infringe on the due process rights of accused predators, the bill would allow for a dismissal of cases if the delays in bringing them can be shown to have “materially prejudiced the defendant in the defense or investigation of an action.”

The revived cases would be given trial preference and tried in specially designated courts.

In addition, clergy would be added to the legal list of mandatory reporters of child abuse, though disclosures obtained through confession would be exempted.