NYSCASA Tracks Report
Bill Status Report
02-15-2019 - 07:17:24

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SB 2440   Hoylman, Brad M.(D) Provides for the timeliness of commencing criminal and civil action for sexual offenses committed against children.
Companions:
AB 2683 Rosenthal, Linda B. (Same As Uni)
  1-28-19 H Substituted by - see SB 2440
SB 6575 Hoylman, Brad M. (Refiled from 17R Session)
Position: Support
Remarks: this legislation, which would amend the civil practice law and rules, the criminal procedure law, the court of claims act, the general municipal law, education law and judiciary law, in relation to the timeliness for commencing certain civil and criminal actions related to sex offenses committed against children.

This legislation would allow the criminal statute of limitations, pertaining to sexual offenses committed against children, to commence at the age of 23 rather than the age of 18. It would also allow civil actions to be brought forth on or before the victim reaches 55 years of age. In addition, it also allows childhood survivors of sexual abuse, who cannot sue under the current law, a one-year window to pursue civil action. Furthermore, it would require the office of court administration to provide training for judges concerning crimes involving the sexual abuse of minors. The 90-day notice of claim for bringing civil litigation against a public institution would be eliminated as well.

We know that victims of childhood sexual abuse may not disclose for many years or even decades. They struggle with coming to terms with the fact that a loved one or trusted adult committed such a heinous act against them. It is important to provide these victims with the time they need to disclose and to provide an opportunity for recourse. New York State is among the worst states when it comes to childhood sexual abuse statute of limitations and this has to change. We know that 1 in 4 girls and 1 in 6 boys are sexually abused before they turn e ighteen. The effects of sexual abuse can be profound and life-changing. We must protect victims and give them an opportunity to seek the justice they deserve.

NYSCASA supports this legislation as it would add essential amendments to the current law, and urges the legislature to pass this bill and for the Governor to sign it into law.

Bill History: 02-14-19 G Signed by the Governor (Chap: 11 )


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