What's happening
This bill extends the statute of limitations and expands protections and accountability for victims of child sexual abuse, mandates reporting to law enforcement, and prohibits retaliation against whistleblowers in nonprofit organizations.
Why it matters
Eliminates the statute of limitations for criminal prosecution of certain child sexual abuse offenses and extends the civil window for victims to file lawsuits until age 50. , allowing more survivors to seek justice and hold perpetrators and institutions accountable, even decades after the abuse occurred.
Removes barriers to suing public entities and school districts by exempting child sexual abuse claims from restrictive notice-of-claim requirements. that typically force victims to alert government agencies within a short timeframe, thus increasing accountability for abuse connected to public institutions.
Mandates direct reporting of suspected child abuse to law enforcement by a broad range of professionals—including clergy (with limited privilege exceptions)—and imposes criminal and civil penalties for failure to report. , aiming to close loopholes that previously allowed abuse to go unreported and abusers to evade criminal prosecution.
Establishes strong anti-retaliation protections for whistleblowers in nonprofit organizations. , including the right to sue for reinstatement, lost wages, and attorney’s fees, with the goal of encouraging employees to report abuse or misconduct without fear of losing their jobs or facing workplace punishment.
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Who cares
Survivors of childhood sexual abuse
The bill would allow covered civil claims through age 50 and eliminate criminal prosecution deadlines for specified offenses against children.
Clergy, teachers and health care professionals
The bill would require reports of suspected child abuse to law enforcement, subject to privilege protections, with criminal and civil penalties for certain failures to report.
School districts and local governments
The bill would exempt covered childhood sexual abuse claims from specified notice-of-claim requirements and lawsuit deadlines.
Nonprofit employers and employees
The bill would establish whistleblower protections outside general hospitals, including an exception to advance employer notification when reporting improper action involving endangering a child's welfare.
Headline styles
Protect Child Abuse Victims
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
10 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1328
2019-2020 Regular Sessions
IN SENATE
January 14, 2019
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to the period of limitation for certain child abuse cases; to amend the general municipal law, the court of claims act and the education law, in relation to certain… Show allHide
AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to the period of limitation for certain child abuse cases; to amend the general municipal law, the court of claims act and the education law, in relation to certain notices of claim and commencement of certain actions; and to amend the judiciary law, in relation to requiring that the office of court administration shall provide training for judges and justices with respect to crimes involving sexual abuse of minors (Part A); to amend the social services law, in relation to reports of child abuse to law enforcement; and to amend the penal law, in relation to falsely reporting an incident in the third degree (Part B); and to amend the labor law, in relation to prohibiting retaliatory personnel action by employers of corporations formed other than for profit (Part C)
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "child victims protection and accountability act".
§ 2. This act enacts into law major components of legislation which are necessary to implement procedures related to victim protection and accountability. Each component is wholly contained within a Part identified as Parts A through C. The effective date for each particular provision contained within such Part is set forth in the last section of the Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes a reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section four of this act sets forth the general effective date of this act.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03843-01-9
S. 1328 2
PART A
Section 1. Paragraph (f) of subdivision 3 of section 30.10 of the criminal procedure law, as separately amended by chapters 3 and 320 of the laws of 2006, is amended to read as follows:
(f) [For purposes of a] A prosecution involving a sexual offense as defined in article one hundred thirty of the penal law, other than a sexual offense delineated in paragraph (a) of subdivision two of this section, committed against a child less than eighteen years of age, incest in the first, second or third degree as defined in sections 255.27, 255.26 and 255.25 of the penal law committed against a child less than eighteen years of age, or use of a child in a sexual performance as defined in section 263.05 of the penal law[, the period of limitation shall not begin to run until the child has reached the age of eighteen or the offense is reported to a law enforcement agency or statewide central register of child abuse and maltreatment, whichever occurs earlier] may be commenced at any time.
§ 2. The opening paragraph of section 208 of the civil practice law and rules is designated subdivision (a) and a new subdivision (b) is added to read as follows:
(b) Notwithstanding any provision of law which imposes a period of limitation to the contrary, with respect to all civil claims or causes of action brought by any person for physical, psychological or other injury or condition suffered by such person as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against such person who was less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against such person who was less than eighteen years of age, or the use of such person in a sexual performance as defined in section 263.05 of the penal law, or a predecessor statute that prohibited such conduct at the time of the act, which conduct was committed against such person who was less than eighteen years of age, such action may be commenced, against any party whose intentional or negligent acts or omissions are alleged to have resulted in the commission of said conduct, on or before the plaintiff or infant plaintiff reaches the age of fifty years. In any such claim or cause of action, in addition to any other defense and affirmative defense that may be available in accordance with law, rule or the common law, to the extent that the acts alleged in such action are of the type described in subdivision one of section 130.30 of the penal law or subdivision one of section 130.45 of the penal law, the affirmative defenses set forth, respectively, in the closing paragraph of such section of the penal law shall apply.
§ 3. Subdivision 8 of section 50-e of the general municipal law, as amended by chapter 24 of the laws of 1988, is amended to read as follows:
8. Inapplicability of section. (a) This section shall not apply to claims arising under the provisions of the workers' compensation law, the volunteer firefighters' benefit law, or the volunteer ambulance workers' benefit law or to claims against public corporations by their own infant wards.
(b) This section shall not apply to any claim made for physical, psychological or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against a child less than eighteen years of age, incest as defined in section 255.27, 255.26 or
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255.25 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law committed against a child less than eighteen years of age.
§ 4. Section 50-i of the general municipal law is amended by adding a new subdivision 5 to read as follows:
5. Notwithstanding any provision of law to the contrary, this section shall not apply to any claim made against a city, county, town, village, fire district or school district for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against a child less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law committed against a child less than eighteen years of age.
§ 5. Section 10 of the court of claims act is amended by adding a new subdivision 10 to read as follows:
10. Notwithstanding any provision of law to the contrary, this section shall not apply to any claim to recover damages for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against a child less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.25 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law committed against a child less than eighteen years of age.
§ 6. Subdivision 2 of section 3813 of the education law, as amended by chapter 346 of the laws of 1978, is amended to read as follows:
2. Notwithstanding anything to the contrary hereinbefore contained in this section, no action or special proceeding founded upon tort shall be prosecuted or maintained against any of the parties named in this section or against any teacher or member of the supervisory or administrative staff or employee where the alleged tort was committed by such teacher or member or employee acting in the discharge of his duties within the scope of his employment and/or under the direction of the board of education, trustee or trustees, or governing body of the school unless a notice of claim shall have been made and served in compliance with section fifty-e of the general municipal law. Every such action shall be commenced pursuant to the provisions of section fifty-i of the general municipal law; provided, however, that this section shall not apply to any claim to recover damages for physical, psychological, or other injury or condition suffered as a result of conduct which would constitute a sexual offense as defined in article one hundred thirty of the penal law committed against a child less than eighteen years of age, incest as defined in section 255.27, 255.26 or 255.55 of the penal law committed against a child less than eighteen years of age, or the use of a child in a sexual performance as defined in section 263.05 of the penal law committed against a child less than eighteen years of age.
§ 7. Section 219-c of the judiciary law, as added by chapter 506 of the laws of 2011, is amended to read as follows:
§ 219-c. Crimes involving sexual assault and the sexual abuse of minors; judicial training. The office of court administration shall provide training for judges and justices with respect to crimes involving sexual assault and the sexual abuse of minors.
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§ 8. This act shall take effect immediately; provided, however that section seven of this act shall take effect six months after this act shall have become a law.
PART B
Section 1. Paragraph (a) of subdivision 1 of section 413 of the social services law, as amended by section 7 of part C of chapter 57 of the laws of 2018, is amended to read as follows:
(a) The following persons and officials are required to report or cause a report to be made in accordance with this title when they have reasonable cause to suspect that a child coming before them in their professional or official capacity is an abused or maltreated child, or when they have reasonable cause to suspect that a child is an abused or maltreated child where the parent, guardian, custodian or other person legally responsible for such child comes before them in their professional or official capacity and states from personal knowledge facts, conditions or circumstances which, if correct, would render the child an abused or maltreated child: any physician; registered physician assistant; surgeon; medical examiner; coroner; dentist; dental hygienist; osteopath; optometrist; chiropractor; podiatrist; resident; intern; psychologist; registered nurse; social worker; emergency medical technician; licensed creative arts therapist; licensed marriage and family therapist; licensed mental health counselor; licensed psychoanalyst; licensed behavior analyst; certified behavior analyst assistant; hospital personnel engaged in the admission, examination, care or treatment of persons; member of the clergy; a Christian Science practitioner; school official, which includes but is not limited to school teacher, school guidance counselor, school psychologist, school social worker, school nurse, school administrator or other school personnel required to hold a teaching or administrative license or certificate; full or parttime compensated school employee required to hold a temporary coaching license or professional coaching certificate; social services worker; employee of a publicly-funded emergency shelter for families with children; director of a children's overnight camp, summer day camp or traveling summer day camp, as such camps are defined in section thirteen hundred ninety-two of the public health law; day care center worker; school-age child care worker; provider of family or group family day care; employee or volunteer in a residential care facility for children that is licensed, certified or operated by the office of children and family services; or any other child care or foster care worker; mental health professional; substance abuse counselor; alcoholism counselor; all persons credentialed by the office of alcoholism and substance abuse services; employees, who are expected to have regular and substantial contact with children, of a health home or health home care management agency contracting with a health home as designated by the department of health and authorized under section three hundred sixty-five-l of this chapter or such employees who provide home and community based services under a demonstration program pursuant to section eleven hundred fifteen of the federal social security act who are expected to have regular and substantial contact with children; peace officer; police officer; district attorney or assistant district attorney; investigator employed in the office of a district attorney; or other law enforcement official.
§ 2. Subdivision 1 of section 413 of the social services law is amended by adding three new paragraphs (e), (f) and (g) to read as follows:
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(e) Unless the person confessing or confiding waives the privilege pursuant to section four thousand five hundred five of the civil practice law and rules, a member of the clergy or duly accredited Christian Science practitioner shall not be required to make a report as required by paragraph (a) of this subdivision if the confession or confidence was made to him or her in his or her professional character as spiritual advisor.
(f) The provisions for paragraph (e) of this subdivision shall not be deemed to exempt a member of the clergy or Christian Science practitioner from any other requirements of law to prevent the perpetrator from committing additional acts of abuse.
(g) For the purposes of this subdivision the term "member of the clergy" shall have the same meaning as defined under subdivision four of section four hundred twenty-nine-a of this article.
§ 3. Article 6 of the social services law is amended by adding a new title 6-B to read as follows:
TITLE 6-B
REPORTS OF CHILD ABUSE TO LAW ENFORCEMENT Section 429-a. Definitions.
429-b. Persons and officials required to report cases of
suspected child abuse to law enforcement authorities.
429-c. Penalties for failure to report.
429-d. Immunity from liability.
429-e. Training.
§ 429-a. Definitions. For the purposes of this title the following terms shall have the following meanings:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law and the civil practice law and rules, in relation to the period of limitation for certain child abuse cases; to amend the general municipal law, the court of claims act and the education law, in relation to certain notices of claim and commencement of certain actions; and to amend the judiciary law, in relation to requiring that the office of court admin- istration shall provide training for judges and justices with respect to crimes involving sexual abuse of minors (Part A); to amend the social services law, in relation to reports of child abuse to law enforcement; and to amend the penal law, in relation to falsely reporting an incident in the third degree (Part B); and to amend the labor law, in relation to prohibiting retaliatory personnel action by employers of corporations formed other than for profit (Part C)
Purpose or general idea of bill
This omnibus legislation sets forth enhanced statutory protections for individuals who have been victimized as children and for those persons who have exposed an alleged improper action in a not-for-profit work- place to a public entity or official. Furthermore, the bill requires designated persons or officials, including members of the clergy, to report suspected cases of child abuse directly to law enforcement, under certain circumstances.
Summary of specific provisions
Part A:
Read the full memo (1,127 words)
Section one amends the criminal procedure law to remove any period of limitation for the commencement of a criminal action regarding a sexual offense committed against a child less than eighteen years of age, or incest committed against a child less than eighteen years of age, or use of a child in a sexual performance.
Section two amends the period of limitation under the civil practice law and rules for civil claims or causes of action to recover damages for physical, psychological or other injury suffered by a person as a result of conduct that would constitute any sexual offense under article 130 of the penal law, or incest committed against a person less than eighteen years of age, or the use of a child in a sexual performance, by extend- ing such limitation until said person reaches fifty years of age.
Sections three and four amend the general municipal law governing notice of claims requirements against certain public entities by waiving such requirements when such claim is for physical, psychological or other injury suffered by a person as a result of conduct that would constitute any sexual offense under article 130 of the penal law, or incest commit- ted against a person less than eighteen years of age, or the use of a child in a sexual performance.
Section five amends the court of claims act governing notice of claims requirements against the state by waiving such requirements when such claim is for physical, psychological or other injury suffered by a person as a result of conduct that would constitute any sexual offense under article 130 of the penal law, or incest committed against a person
less than eighteen years of age, or the use of a child in a sexual performance.
Section six amends the education law governing notice of claims require- ments against a school district or certain state supported schools by waiving such requirements when such claim is for physical, psychological or other injury suffered by a person as a result of conduct that would constitute any sexual offense under article 130 of the penal law, or incest committed against a person less than eighteen years of age, or the use of a child in a sexual performance.
Section seven amends the judiciary law to require training of judges and justices regarding crimes involving the sexual abuse of minors.
Section eight establishes the effective date.
Part B:
Section one amends section 413 of the social services law, governing persons required to report allegations of familial child abuse and maltreatment, generally, to the NYS Office of Children and Family Services to include members of the clergy.
Section two adds new provisions to section 413 of the social services law to effectuate the addition of members of the clergy to the list of mandated reporters of child abuse and maltreatment.
Section three establishes a new Title 6-B of the social services law to require certain persons or officials, including members of the clergy, to report allegations of child abuse when such abuse is perpetrated by such persons or officials directly to law enforcement. Sets forth criterion necessary for implementation.
Section four amends section 240.50 of the penal law governing false reporting of incidents in the 3rd degree to add the false reporting of an incident to persons who are mandated to report allegations of child abuse to law enforcement, which is consistent with the existing require- ment regarding false reporting to mandated reporters of familial abuse.
Section five establishes the effective date.
Part c
Section one amends section 740 of the labor law, which provides protection to non-public employees who have made certain disclosures to a public body by excluding not-for-profits from the applicability of such section.
Section two establishes a new section 742 of the labor law that provides enhanced protections to employees of corporations formed other than for profit who disclose alleged violations of law, rule or regulation to a public body. Sets forth criterion necessary for implementation.
Section three establishes the effective date.
Justification
Child sexual abuse is a heinous criminal act. Unfortunately, the exist- ing statutory construct does not provide victims with the necessary legal protections. To correct the perceived statutory deficiencies, this legislation fundamentally revises pertinent sections of the law in order to afford greater protections to victims of these despicable acts and to ensure perpetrators of these acts are held accountable.
Specifically, this three-part bill will enhance such protections by repealing the criminal statute of limitations and extending the civil statute of limitations up until the victim reaches fifty years old regarding allegations of child sexual abuse. In addition, this bill requires enumerated persons and officials, including members of the clergy, to report non-familial allegations of any type of child abuse directly to law enforcement and establishes penalties for failure to do. Finally, the bill encourages reporting of improper acts by employees of not-for-profits to public bodies or officials, including law enforce- ment, by strengthening whistleblower protections for such employees.
The safeguards established pursuant to this legislation are essential to the overall safety of young people going forward.
Legislative history
2017-18: S.9190 Referred to Rules
Fiscal implications
None to the State.
Effective date
This act shall take effect immediately, provided, however, that the applicable effective date of Parts A through C of this act shall be specifically set forth in the last section of such Part.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.