Assembly Dems attempting again to pass Child Victims Act as standalone bill

By Kenneth Lovett
New York Daily News
April 29, 2018

http://www.nydailynews.com/new-york/assembly-dems-attempt-pass-child-victims-act-standalone-article-1.3962211

Protesters hold signs while standing across the street from John A. Coleman Catholic High School in support of the New York Child Victims Act in October 2016. Photo by Anthony DelMundo

Child sex abuse survivor Jason Goff (at mic) joins fellow survivors and advocates in the State Senate in Albany to lobby for the Child Victims Act in March 2018. Photo by Jefferson Siegel

ALBANY — Assembly Democrats this week will vote on a bill to make it easier for child sex abuse survivors to seek justice as a adults — pressuring Senate Republicans who have long blocked the measure.

“We must take action to protect victims of childhood sexual abuse and ensure access to justice for survivors,” Assembly Speaker Carl Heastie (D-Bronx) told the Daily News.

"The Assembly majority has long led the way on this important issue and I hope that it can finally become law this year."

The bill, likely to be voted Tuesday, will let prosecutors bring criminal cases any time up to a victim’s 23rd birthday, and allow civil lawsuits against abusers any time up to a victim’s 50th birthday.

Public institutions would be treated the same as private institutions under the law. Currently, child victims have 90 days from the time of an incident to file notices of claim against school districts and other local or state government entities.

Gov. Cuomo and the Democrat-controlled Assembly pushed to include the Child Victims Act in the recently-enacted state budget, but were rebuffed by the Republican-controlled Senate.

So instead, the Assembly will try for the second year in a row to pass the Child Victims Act as a standalone bill. The Assembly plan is slightly revised from what Cuomo proposed for the budget.

Senate Republicans have said they will discuss the bill, but are not committed to passing it.

The biggest roadblock is the look-back provision to reopen old cases, which is vehemently opposed by the Catholic Church, the Orthodox Jewish community, the Boy Scouts of America and the insurance industry.

After the measure died during the budget talks, advocates hoped the Democrats would clinch a Senate majority in two special elections last week and take the Child Victims Act up before the end of the legislative session in June.

They won the races — but they can’t take over the chamber because Sen. Simcha Felder, a Brooklyn Democrat, continues to caucus with the Republicans.

Assemblywoman Linda Rosenthal, a Manhattan Democrat and the prime sponsor of the Child Victims Act, noted that polls show widespread support for the bill.

But she said that because of the uncertainty over which party runs the Senate, it’s unclear whether senators will take up any meaningful legislation before the November election, when voters will decide which party is in control.

“I don’t know if anyone is counting on the Senate for anything the rest of the session,” Rosenthal said. “We’re hopeful they can get it together to pass meaningful legislation before the session ends.”

Child sex abuse survivors like Kathryn Robb, co-founder of New Yorkers Against Hidden Predators, praised the Assembly for getting ready to again act.

Survivors and advocates are not giving up on pressuring Senate Republicans to put the bill up for a vote this year — but they’re also focusing on trying to flip the Senate to Democratic control in November.

“I think we really need to turn up the heat and get people in the Senate who are going to fight for justice and fight for kids — and we’ll fight to get rid of the ones who don’t,” Robb said.

Gary Greenberg, who created a political action committee to push for the Child Victims Act, said his PAC will support Felder’s Democratic primary opponent, Blake Morris, as well as other Democrats running for Senate.