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  Competing Bills

By Bart Jones and James T. Madore
Newsday
April 20, 2009

http://www.newsday.com/news/local/state/ny-txtbill2112615905apr20,0,7879334.story

Two competing bills on child sex abuse, and allowing alleged victims to sue their attackers, are pending in Albany. Both have been moved out of the state Assembly's Codes Committee and could come to a vote of the full Assembly.

The legislation sponsored by Assemb. Margaret M. Markey (D- Maspeth) has been adopted three times previously only to die in the then-Republican-controlled Senate. The bill hasn't yet been taken up by the Senate Codes Committee, which doesn't meet this week.

This year, lawmakers are considering a rival bill sponsored by Assemb. Vito Lopez (D-Brooklyn). It also has not been taken up by the Senate codes committee.

THE MARKEY BILL

The bill sponsored by Markey would extend the statute of limitations on child sex abuse crimes from the current standard, which states a victim must file charges by their 23rd birthday, to their 28th birthday.

More significantly, the bill would create a one-year open window during which the statute of limitations would not apply and victims could file civil lawsuits no matter how far back the alleged abuse occurred.

Sex abuse victims groups, along with some Jewish groups, support this bill.

THE LOPEZ BILL

The proposal by Lopez would extend the statute of limitations to 25 years of age.

However, it contains no "open window" provision. Lopez recently amended his bill to make employers and other third parties liable and waive the 90-day notice of claim requirement for suits against government workers. He contends that would treat public and private schools equally. The Catholic Church hierarchy and Gov. David A. Paterson support the Lopez bill.

 
 

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