New York's Attorney General, Schneiderman Statement On Assembly Passage Of The Child Victims Act

by AndersonsInfo 6 Replies latest watchtower child-abuse

  • AndersonsInfo
    AndersonsInfo

    https://ag.ny.gov/press-release/ag-schneiderman-statement-assembly-passage-child-victims-act

    A.G. Schneiderman Statement On Assembly Passage Of The Child Victims Act

    News from Attorney General Eric T. Schneiderman

    FOR IMMEDIATE RELEASE
    May 1, 2018

    Attorney General’s Press Office / 212-416-8060
    nyag.pressoffice@ag.ny.gov
    Twitter: @AGSchneiderman

    A.G. SCHNEIDERMAN STATEMENT ON ASSEMBLY PASSAGE OF THE CHILD VICTIMS ACT

    New York Attorney General Eric T. Schneiderman released the following statement, upon the Assembly passage of the Child Victims Act:

    Today’s Assembly passage of the Child Victims Act marks an important step forward in the fight to protect the survivors of child sex abuse. I thank Speaker Heastie and Assemblymember Rosenthal for their leadership.

    The fact that the bill passed the Assembly with such an overwhelming bipartisan margin should send a clear message to the Senate: it’s long past time to enact real, meaningful reform that will deliver justice to child sex abuse victims across New York.

    I urge the Senate to seize this moment and finally make the Child Victims Act a reality in New York. Survivors deserve no less.

  • cha ching
    cha ching

    Personally, I think the tide is turning. When my husband and I went to Sacramento to speak with the law makers, we were met with warm reception, they were willing to help.

    When my husband went to speak before the Senate committee regarding the 'let's stop sexual harrassment' I found the response of BOTH parties very heartening. They were not divided or cutting down one another, but were genuinely interested in getting to the root of the problem, and looking for solutions.

    The "culture" of this United States can change. Each of us can be a part of it. Perhaps caring about our children will be the thing that unites us.

  • smiddy3
    smiddy3

    Thank you Barbara for posting this but what exactly is the "Child Victims Act" ? What does it actually say ?

    The links you supply doesn`t tell us anything ?

  • Wasanelder Once
    Wasanelder Once

    This cause is worthy of course, but there is one thing you can count on and that's politicians grabbing hold of it with rabid enthusiasm rather than measured responses. Mandatory bracelets are worthless in prevention and in apprehending offenders. Required living restrictions result in undue stress in offenders often leading to recidivism when their support base is torn apart by making them move into isolated areas. These same groupings of offenders become a danger to the area they are forced to live in due to the sheer numbers. Registration causes a burden on police departments because they cannot afford the thousands of officers to confirm the locations. California is moving towards reassessing who should be on the list because it is cumbersome and useless. I haven't read the law mentioned here but I hope it holds LONG LONG sentences and a fund for counseling of victims. These are the measures that will do some good.

  • Room 215
    Room 215

    That's good news; earlier, in March, it was shot down: http://buffalonews.com/2018/03/30/state-budget-omits-child-victims-act/

  • AndersonsInfo
    AndersonsInfo

    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 ________________________________________________________________________

    01/16/18 128 12670-01-8

    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:

    01/16/18 129 12670-01-8

    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

    01/16/18 130 12670-01-8

    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

    01/16/18 131 12670-01-8

    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

    01/16/18 132 12670-01-8

    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.


  • AndersonsInfo
    AndersonsInfo

    A supporter of the Child Victim's Act wrote me on May 3rd:

    It looks like the Senate leadership won't change this year, which would be necessary for us to get the bill onto the floor. The good news is that the Democrats in the Senate now have a majority. If they maintain it after November and start the session as a majority in January, it should be a slam dunk for us to get the CVA passed next year.

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