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New York Democrats expect to approve Child Victims Act if they gain control of the Senate

By Kenneth Lovett
New York Daily News
October 10, 2016

http://www.nydailynews.com/news/politics/n-y-dems-fix-kid-rape-law-control-senate-article-1.2825731

Senate Deputy Democratic Leader Michael Gianaris expects the Child Victims Act to be approved if Democrats gain majority of the chamber.
Photo by Anthony DelMundo

Some believe Sen. Andrea Stewart-Cousins will become majority leader and get the Child Victims Act passed.
Photo by Mike Groll

State Sen. Jeffrey Klein and his group of breakaway Democrats that have aligned with the GOP are in support of the Child Victims Act.
Photo by Anthony DelMundo

Gary Greenberg, an investor pushing for passage of the Child Victims Act.
Photo by Jefferson Siegel

Kathryn Robb, abused by her eldest brother at age 9, is among the victims fighting for passage of the Child Victims Act.
Photo by Jefferson Siegel

Gov. Cuomo has supported passage of the Child Victims Act.
Photo by Todd Maisel

ALBANY — State Senate Democrats are expected to make passage of a bill making it easier for child sex abuse victims to seek justice as adults one of their first priorities if they win the majority this fall.

Several Democrats say they expect the Child Victims Act will be among the first bills passed if the Democrats take control of the chamber.

Gary Greenberg, an investor who created the Fighting For Children political action committee to help elect a Democratic Senate majority, said he was told the same thing by Senate Deputy Democratic Leader Michael Gianaris.

“We’re expecting it to be one of the first bills brought up right in January,” said Greenberg, himself a sexual abuse survivor. “He said the Democratic caucus is behind it.”

Senate Democratic spokesman Mike Murphy wouldn’t give a timeframe for the bill — but said the issue is a priority.

“Senate Democrats have been at the forefront of the push for the Child Victims Act and that is why it is crucial we win the majority in November,” Murphy said.

He noted that every Senate Republican during this year’s legislative session voted against a procedural move to bring the issue to the floor.

“Their enabling of sexual predators must end once and for all,” Murphy said.

Different versions of the Child Victims Act would either extend or eliminate the time limit that a child abuse victim can bring a case against his or her attacker. Under current law, a person has until their 23rd birthday.

Efforts to change the law, led by the Daily News, would also provide a one-year window to revive old cases, and treat public and private institutions the same. Currently, someone abused at a school or other public institution must file a notice of intent to sue within 90 days of the incident.

Senate Republicans and some legislative Democrats have opposed the idea of a one-year window to revive old cases. Instead, they support a different bill that would extend the current statute of limitation on child sex abuse cases by five years. It would also treat public and private institutions the same.

It’s unclear whether a new program announced last week by Timothy Cardinal Dolan to compensate child sex abuse victims attacked by clergy will impact the discussions. Dolan's program will cover victims in cases where the legal timeframe to bring a case has already run out.

“This is a new component,” said Senate Republican Majority Leader John Flanagan. “How that would be construed in our conference would be a very important subject of discussion.”

Flanagan, who said he expects the GOP to remain in control of the chamber, insisted that "our members take these issues very very seriously."

“The details of these types of things are extraordinarily important,” he told the Daily News. “I take what the Cardinal and the Church have done as a positive step and have every expectation we will have ongoing discussions on a matter we feel is extremely important.”

Sen. Jeffrey Klein and his group of four other breakaway Democrats that has aligned with Republicans since 2011 also supports the Child Victims Act. And Marisol Alcantara, an upper Manhattan Democrat expected to join Klein's conference, also backs the measure.

Greenberg said he is scheduled to meet with Klein Oct. 20. His PAC has backed Alcantara and a host of Senate Democratic candidates, including incumbent Todd Kaminsky in Nassau County.

Currently, there are 31 Republicans in the 63-member chamber. The GOP maintains control with the help of Sen. Simcha Felder, a Brooklyn Democrat who unlike Klein’s group, actually sits with the Republicans.

The mainline Democrats have 26 members and Klein's group currently has five. That means the Dems would need to net at least one or two seats to have a chance of entering into a new joint leadership coalition that would control the chamber.

“I think (current Senate Democratic Minority Leader) Andrea Stewart Cousins will be new majority leader and will get victims (the Child Victims Act)," Greenberg emailed.

Greenberg is planning several new rallies on the issue, including one for Oct. 12 in Flanagan’s district in support of his long-shot Democratic opponent, Peter Magistrale.

Greenberg said he rescinded a request to meet with Gov. Cuomo on the issue after a number of the governor's associates were arrested recently on bribery and fraud charges. Cuomo was not implicated in the cases.

Other advocates for the Child Victims Act, however, believe Cuomo is sincere in saying he will prioritize the issue in 2017.

Kathryn Robb, a child sex abuse survivor, said she and other advocates have met a number of times with Cuomo's office in recent months, including as recently as two weeks ago.

"The governor is clearly committed to legislation that would allow all victims to have their day in court," Robb said. "I believe it's in his heart. It's not just a statement. It's a heartfelt and thoughtful position by the governor. I believe his word and I believe this is a priority for him in the next session."

The governor last week branded Dolan's announcement a positive first step but said there is still a need for a broad piece of legislation since it only covers victims of clergy abuse in Dolan's dioceses and not all targets of sexual abuse.

"We must continue to work to ensure all victims have the opportunity to get the justice they deserve and this means a global legislative solution," said Cuomo spokesman Rich Azzopardi.




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