Enacts the New York State Child Protection Act of 2016

Section 2 amends Paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, allowing for the prosecution of a sexual offense committed against a child to be commenced at any time.

Section 3 adds that section 208 of the civil practice law and rules is designated subdivision (a) and a new subdivision (b) is added which makes the period of limitations begin to run at age 23 instead of age 18 for certain sex offenses against a child less than eighteen years of age.

Section 4 amends subdivision 8 of section 50-e of the general municipal law, chapter 24 of the laws of 1988, by adding a new subdivision (b) allowing for civil claims to be brought for certain sex offenses against a child less than eighteen years of age.

Section 5 amends section 50-i of the general municipal law by adding a new subdivision 5, relating to applicability of notice of claim provisions for civil claims to be brought for certain sex offenses against a child less than eighteen years of age.

Section 6 amends section 10 of the court of claims act by adding a new subdivision 10, relating to applicability of notice of claim provisions for civil claims to be brought for certain sex offenses against a child less than eighteen years of age.

Section 7 amends subdivision 2 of section 3813 of the education law, as amended by chapter 346 of the laws of 1978, allowing for civil claims to be brought for certain sex offenses against a child less than eighteen years of age.

Section 8 amends social services Law § 413 to add members of the clergy to the list of mandated reporters who must report child abuse in a family setting.

Section 9 amends social services Law § 413 by adding an exception exists for allegations learned through confidential communications to clergy that are privileged, but this exception does not prevent reporting of information obtained by clergy in a non-confidential communication and does not exempt a member of the clergy from any legal requirements to prevent further abuse.

Section 10 creates a new title 6-B within the social services law which requires the same mandated reporters to report allegations of child abuse by any mandated reporter to law enforcement authorities.

Section 11 mandates that commissioner of the office of children and family services shall review the reporting form to incorporate changes made under this act.

Section 12 amends the business corporation law by adding a new section one hundred thirteen that mandates a criminal history search on all individuals who will be working with children under the age of eighteen.

Section 13 amends the not-for-profit corporation law by adding a new section one hundred sixteen that mandates a criminal history search on all individuals who will be working with children under the age of eighteen.

Section 14 amends the religious corporation law by adding a new section twenty-eight that mandates a criminal history search on all individuals who will be working with children under the age of eighteen.

Section 15 amends the cooperative corporations law by adding a new section six that mandates a criminal history search on all individuals who will be working with children under the age of eighteen.

Section 16 amends chapter 56 of the Laws of 2010 by adding a new paragraph (f).

Section 17 provides that the provisions of this act shall be severable.

Section 18 provides the effective date.

Justification

In an effort to provide additional protection to New York's children, this act expands upon protections currently in law to create an environment in which it is easier to hold those who abuse children or allow children to be harmed liable. Because victims of child sexual abuse often take a long time to come forward, existing statutes of limitations, which currently run until five years past the age of majority, are insufficient. This is especially true in public institutions, protected by notice of claim provisions, which bar claims within months of age eighteen. Often, victims of childhood sexual abuse do not come to terms with their abuse until well into adulthood. This legislation adds an additional ten years, giving all victims the opportunity to bring a claim until age thirty three. This legislation also expands on current law which already requires that mandated reporters, comprised of numerous professionals, to report child abuse occurring in a family setting (Social Services Law § 413). This bill adds members of the clergy to the list of mandated reporters, and adds a requirement that all mandated reporters report child abuse committed by any mandated reporter in addition to child abuse in a family setting. Finally, this bill expands the use of criminal history record searches by mandating all corporations in the state conduct such searches when filling positions in which an employee or volunteer may have unsupervised contact with a child.

Prior legislative history

New Bill.

Fiscal implications

To be determined.

Effective date

This act shall take effect on the sixtieth day after it shall have become law.