NY State Senate Bill 2019-S292

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 09, 2019	referred to finance

2019-S292 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §837-t, Exec L

2019-S292 (ACTIVE) - Summary

Establishes a child sex abuse survivor hotline for past childhood sexual offense reporting to collect data about the extent of instances of past childhood sexual abuse which may have been unreported to appropriate authorities at the time the abuse occurred.

2019-S292 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S292

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the executive law, in relation to establishing a child
sex abuse survivor hotline for past childhood sexual offense reporting

 
PURPOSE:

Establishes a Child Sex Abuse Survivor Hotline that is intended to
collect information and provide data about instances of childhood sexual
abuse that occurred in the past.

 
SUMMARY OF PROVISIONS:

Section 1. Provides Legislative Findings.

Section 2. Adds a new section 837-t to the executive law to require the
Division of Criminal Justice Services (DCJS) to maintain a toll free
child sex abuse survivor hotline to receive calls and track information

regarding reported incidents of childhood sexual abuse that have
occurred before an individual's eighteenth birthday. In instances where
a report of childhood sexual abuse involves a victim under the age of
eighteen at the time of reporting or indicates ongoing abuse, DCJS is
authorized to report the information gathered to the New York State
Office of Child and Family Services an coordinate to have such allega-
tions investigated in a timely manner pursuant to Title 6 of section 6
of the social services law. The bill also authorizes the Division of
Criminal Justice Services to make referrals to the applicable district
attorney in instances where the information provided in the report
includes any alleged ongoing sexual abuse allegation that is not time
barred under the applicable criminal statute of limitations. The bill
also requires that DCJS annually report certain non-identifying informa-
tion received through the hotline to the Legislature and the Governor.

Section 3. The act will become effective 180 days after enactment.

 
JUSTIFICATION:

Tackling the problem of child sexual abuse and ensuring adequate
services and funding is made difficult by the lack of consistent, accu-
rate statistics on its prevalence. Factors that make measurement diffi-
cult include the varying definitions of what constitutes abuse and vast
underreporting by victims. Our society is just beginning to grasp the
extent and circumstances to which childhood sexual abuse has occurred.
It is extremely difficult to obtain information about the extent of past
child abuse in part due a cultural lack of acceptance of a policy which
encourages reporting.  In the past, this has evoked a culture of silence
around sexual abuse perpetrated upon children. This societal stigma has
hushed victim's voices about abuse they have experienced. Additionally,
at the time the abuse occurs, many children lack the understanding to
comprehend they are being subject to abuse, which is often perpetrated
by a close or trusted companion.

Child victims may repress memories of such abuse for years, only to
reemerge long after the act can be investigated or pursued through legal
action.

This bill is intended to help uncover the extent of incidents of past
child abuse, which will in turn assist the Legislature in crafting
appropriate means of providing redress to those who have been harmed in
the past and suffered in silence. It will also provide another means of
assisting victims who still may be able to obtain satisfaction through
the legal system.

 
LEGISLATIVE HISTORY:

New legislation.

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect one hundred eighty days after enactment,
provided any regulations required may be immediately promulgated.

2019-S292 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    292
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the executive law, in relation to establishing  a  child
   sex abuse survivor hotline for past childhood sexual offense reporting

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature hereby finds that  it
 is  in the public interest to collect data about the extent of instances
 of past childhood sexual abuse which may have been unreported to  appro-
 priate authorities at the time the abuse occurred or is still within the
 existing statutory timeframe for criminal prosecution or the filing of a
 civil claim. The consequences to victims from such past childhood sexual
 abuse  are  often repressed for many years and can be devastating to the
 victims and to society as a whole.   Many incidents of  abuse  are  also
 unreported  to  enforcement  authorities due to a fear of retaliation or
 reprisal. In order to help determine the extent of this prior abuse, aid
 in efforts to prosecute past childhood sexual abuse offenses and  estab-
 lish  associated  claims which may still be viable for legal action, aid
 efforts to prevent future childhood sexual abuse, and help determine the
 appropriate means of providing compensation for damages incurred by  the
 victims of past abuse, the legislature finds that the establishment of a
 voluntary  reporting  program  (a  child sex abuse survivor hotline) for
 incidents of past childhood sexual abuse is in the public interest.
   § 2. The executive law is amended by adding a  new  section  837-t  to
 read as follows:
   §  837-T.  CHILD  SEX ABUSE SURVIVOR HOTLINE FOR PAST CHILDHOOD SEXUAL
 OFFENSE REPORTING. 1. THE DIVISION OF CRIMINAL  JUSTICE  SERVICES  SHALL
 MAINTAIN  A  TOLL FREE CHILD SEX ABUSE HOTLINE FOR VICTIMS TO REPORT AND
 PROVIDE DOCUMENTATION OF PRIOR INCIDENTS OF SEXUAL ABUSE THEY HAVE EXPE-
 RIENCED WHICH OCCURRED BEFORE THE VICTIM'S EIGHTEENTH BIRTHDAY AND WHICH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04161-01-9

 S. 292                              2
 
 WOULD CONSTITUTE A SEXUAL OFFENSE; OR, PRIOR INCIDENTS OF  SEXUAL  ABUSE
 WHICH OCCURRED BEFORE THE VICTIM'S EIGHTEENTH BIRTHDAY AND WHICH ARE, AT
 THE  TIME  OF  THE REPORTING, BARRED FROM CRIMINAL PROSECUTION UNDER THE
 PROVISIONS  OF SECTION 30.10 OF THE CRIMINAL PROCEDURE LAW. FOR PURPOSES
 OF THIS SECTION, THE TERM "SEXUAL  ABUSE"  SHALL  MEAN  ACTS  PROSCRIBED
 UNDER  ARTICLE  ONE  HUNDRED  THIRTY OF THE PENAL LAW, ACTS CONSTITUTING
 INCEST AS DEFINED IN SECTION 255.27, 255.26, OR 255.25 OF THE PENAL LAW,
 OR ACTS INCLUDING THE INDIVIDUAL IN A SEXUAL PERFORMANCE AS  DEFINED  IN
 SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR STATUTE THAT PROHIBIT-
 ED SUCH CONDUCT AT THE TIME OF THE ACT.
   2.  THE  DIVISION  SHALL  RECORD  INFORMATION RECEIVED FROM THE VICTIM
 WHICH SHALL, TO THE EXTENT POSSIBLE INCLUDE ANY  AND  EACH  INSTANCE  OF
 ALLEGED SEXUAL ABUSE.  THE INFORMATION TO BE COLLECTED SHALL, AT A MINI-
 MUM  AND  TO  THE  EXTENT POSSIBLE, INCLUDE:   THE SPECIFIC SEXUAL ABUSE
 ALLEGED; THE TIME, PLACE AND GEOGRAPHIC LOCATION OF THE  ALLEGED  SEXUAL
 ABUSE;  THE VICTIM'S IDENTITY; THE PERPETRATOR'S IDENTITY; WHETHER THERE
 IS ANY DEGREE OF CONSANGUINITY BETWEEN THE VICTIM AND  PERPETRATOR;  AND
 ANY OTHER RELEVANT INFORMATION DEEMED NECESSARY BY THE COMMISSIONER.
   3.  THE  DIVISION SHALL RECORD ANY REPORTED INSTANCES OF SEXUAL ABUSE,
 WHICH ARE DETERMINED TO BE NON-TIME BARRED UNDER THE PROVISIONS OF CRIM-
 INAL PROCEDURE LAW SECTION 30.10, AND REPORT EACH INSTANCE TO THE APPRO-
 PRIATE LOCAL DISTRICT ATTORNEY'S OFFICE FOR INVESTIGATION. THE  DIVISION
 SHALL  ALSO  REPORT  ANY INCIDENTS OF ABUSE WHEN THE VICTIM IS LESS THAN
 EIGHTEEN YEARS OF AGE AT THE TIME OF REPORTING OR WHEN SUCH ABUSE MAY BE
 ONGOING TO THE OFFICE OF CHILDREN AND FAMILY SERVICES AND SHALL  COORDI-
 NATE  WITH  THE OFFICE TO HAVE SUCH ALLEGATIONS INVESTIGATED IN A TIMELY
 MANNER PURSUANT TO TITLE SIX OF ARTICLE SIX OF THE SOCIAL SERVICES  LAW.
 THE  DIVISION SHALL ALSO RETAIN AND MAKE AVAILABLE INFORMATION ON APPRO-
 PRIATE ADVOCACY GROUPS AND COUNSELING ORGANIZATIONS AND  MECHANISMS  FOR
 VICTIM  SERVICES  AND  COMPENSATION  WHICH  ARE AVAILABLE TO THE ALLEGED
 VICTIM.
   4. ANY INFORMATION RELATING TO THE IDENTITY OF THE PERPETRATOR AND THE
 ALLEGED VICTIM SHALL REMAIN CONFIDENTIAL AND MAY ONLY BE MADE AVAILABLE:
 (A) TO THE APPROPRIATE DISTRICT  ATTORNEY'S  OFFICE  WHEN  THE  DIVISION
 DETERMINES THE REPORTED ALLEGED ABUSE MAY NOT BE TIME BARRED FROM PROSE-
 CUTION;  AND  (B) PROVIDED TO THE OFFICE OF CHILDREN AND FAMILY SERVICES
 WHEN THE VICTIM IS DETERMINED TO BE UNDER EIGHTEEN YEARS OF AGE  AT  THE
 TIME OF THE REPORTING PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   5. THE DIVISION SHALL DIRECT RESOURCES TOWARD THE MARKETING AND PUBLIC
 DISSEMINATION  OF  INFORMATION  REGARDING  THE  PAST  CHILD SEXUAL ABUSE
 VICTIM INFORMATION REPORTING SYSTEM HOTLINE TO PROMOTE PUBLIC  AWARENESS
 OF SUCH HOTLINE.
   6.  THE  DIVISION SHALL PROVIDE A REPORT ON JANUARY FIRST OF EACH YEAR
 TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY,
 AND  THE  GOVERNOR  WHICH SHALL PROVIDE THE INFORMATION COLLECTED BY THE
 DIVISION PURSUANT TO THIS SECTION, PROVIDED HOWEVER THAT THE INFORMATION
 PROVIDED SHALL NOT IDENTIFY THE NAMES OF THE VICTIMS OR PERPETRATORS  OF
 THE ALLEGED SEXUAL ABUSE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment, or repeal of any rules and regulations necessary to implement  the
 provisions  of  this  act  on  its  effective date, are authorized to be
 completed on or before such date.

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Senate Bill S292

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2019-S292 (ACTIVE) - Details

2019-S292 (ACTIVE) - Summary

2019-S292 (ACTIVE) - Sponsor Memo

2019-S292 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S292

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Sponsored By

Catharine Young

Archive: Last Bill Status - In Senate Committee Finance Committee

2019-S292 (ACTIVE) - Details

2019-S292 (ACTIVE) - Summary

2019-S292 (ACTIVE) - Sponsor Memo

2019-S292 (ACTIVE) - Bill Text download pdf

Comments