NY State Senate Bill 2019-S952

Senate Bill S952

2019-2020 Legislative Session

Relates to establishing the New York child victim reconciliation and compensation fund, the statute of limitations for sex offenses, and to the reporting of child abuse

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Archive: Last Bill Status - Stricken

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
Mar 19, 2019	recommit, enacting clause stricken
Jan 09, 2019	referred to finance

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2019-S952 (ACTIVE) - Details

Law Section:: State Finance Law
Laws Affected:: Add Art 17 §§300 - 307, St Fin L; amd §30.10, CP L; amd §413, add Art 6 Title 6-B §§429-a - 429-d; Soc Serv L; add §113, BC L; add §116, N-PC L; add §28, Rel Corp L; add §6, Coop Corps L; amd Part J §14, Chap 62 of 2003
Versions Introduced in 2017-2018 Legislative Session:: S8736

2019-S952 (ACTIVE) - Summary

Relates to establishing the New York child victim reconciliation and compensation fund; relates to the statute of limitations for sex offenses committed against a child; relates to the reporting of child abuse; relates to child protection and criminal history searches

2019-S952 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S952

SPONSOR: YOUNG
 
TITLE OF BILL:

An act to amend the state finance law, in relation to establishing the
New York child victim reconciliation and compensation fund; to amend the
criminal procedure law, in relation to the statute of limitations for
sex offenses committed against a child; to amend the social services
law, in relation to the reporting of child abuse; to amend the business
corporation law, the not-for-profit corporation law, the religious
corporations law and the cooperative corporations law, in relation to
child protection and criminal history searches; and to amend part J of
chapter 62 of the laws of 2003 amending the county law and other laws
relating to fees collected, in relation to providing for the reimburse-
ment of not-for-profit corporations for fees collected for criminal
history searches by the office of court administration

 
PURPOSE:

To improve the ability of individuals who have suffered child abuse to
be able to gain redress for the offenses committed against them.

 
SUMMARY OF PROVISIONS:

Section 1 establishes a statement of legislative intent for the bill.

Section 2 adds a new article 17 to the state finance law- The Child
Victim Reconciliation and Compensation Fund. The fund is established for
the purpose of providing compensation and assistance to any individual
who has suffered physical and psychological damages based upon child
sexual abuse, who is presently unable to secure damages against the
abuser due to the statute of limitations.

Monies in the fund would be held in the joint custody of the Comptroller
and a chief administrator to be appointed by the Comptroller with the
advice of the Senate and the Assembly. The Child Victim Reconciliation
and Compensation Fund would be funded through a portion of state asset
forfeiture funds and funds and monies secured by payments associated
with certain state sanctioned deferred prosecution agreements, as well
as any other funds contributed.

The chief administrator would be responsible for appointment of a claims
administrator who would be authorized to establish rules and regulations
necessary to administer the fund, and as well appoint hearing officers
who have a record of substantive experience in the investigation, prose-
cution, and defense of child sexual abuse allegations to administer
hearings on claims brought by claimants to the Fund.

Hearing officers are granted authority to administer oaths, issue
subpoenas, order or limit discovery, hold settlement conferences, make
and file determinations with the claims administrator and exercise such
authority as necessary to carry out their responsibility.

Claimants and Defendants taking part in the proceeding shall have the
right to be represented by an attorney, and to present evidence in
support of their claim. The claims administrator is authorized to deter-
mine the amount of compensation due to eligible individuals based upon
the nature, extent and frequency of sexual abuse that was found to have
occurred, the extent of harm to the claimant, the extent to which aggra-
vating circumstances were present, and any other significant information
relative to the claim. The amount of compensation determined shall be
reduced by any collateral compensation the claimant has received or is
entitled to receive as the result of the sexual abuse. Payments from the
fund must be made to eligible individuals within 20 days of the claim
determination.

The chief administrator, in conjunction with the state comptroller and
claims administrator, would be responsible for the promulgation of rules
and regulations to carry out the claims process. The chief administrator
would also be responsible for maintaining a publicly accessible website
that identifies any individual who have been found to have perpetrated
the abuse which is the basis for compensation granted to the claimant.

Section 3 amends subdivision 3 of section 30.10 of the criminal proce-
dure law to eliminate the statute of limitations for the prosecution of
a sex offense as defined in article 130 of the penal law, incest or use
of a child in a sexual performance committed against a child less than
eighteen years old.

Section 4 amends social services Law § 413 to add members of the clergy
to the list of mandated reporters who must report child abuse in a fami-
ly setting.

Section 5 amends social services Law § 413 by adding an exception for
allegations learned through confidential communications to clergy that
are privileged, but this exception does not prevent reporting of infor-
mation obtained by clergy in a non-confidential communication and does
not exempt a member of the clergy from any legal requirements to prevent
further abuse.

Section 6 creates a new title 6-B within the social services law which
requires the same mandated reporters to report allegations of child
abuse by any mandated reporter to law enforcement authorities.

Section 7 mandates that commissioner of the office of children and fami-
ly services shall review the reporting form to incorporate changes made
under this act.

Section 8 amends the business corporation law by adding a new section
113 that mandates a criminal history search on all individuals who will
be working with children under the age of eighteen.

Section 9 amends the not-for-profit corporation law by adding a new
section 116 that mandates a criminal history search on all individuals
who will be working with children under the age of eighteen.

Section 10 amends the religious corporation law by adding a new section
28 that mandates a criminal history search on all individuals who will
be working with children under the age of eighteen.

Section 11 amends the cooperative corporations law by adding a new
section 6 that mandates a criminal history search on all individuals who
will be working with children under the age of eighteen.

Section 12 amends chapter 62 of the Laws of 2003 by adding a new para-
graph (f).
Section 13 provides that the provisions of this act shall be severable.
Section 14 provides the effective date.

 
JUSTIFICATION:

In an effort to provide additional protection to New York's children,
this act expands upon protections currently in law to create an environ-
ment in which it is easier to hold those who abuse children or allow
children to be harmed liable.

Because victims of child sexual abuse often take a long time to come
forward, existing statutes of limitations, which currently run until
five years past the age of majority, are insufficient. This is especial-
ly true in public institutions, protected by notice of claim provisions,
which bar claims within months of age eighteen. Often, victims of child-
hood sexual abuse do not come to terms with their abuse until well into
adulthood. This legislation will remove the criminal statute of limita-
tions for criminal liability for childhood sexual abuse cases, and also
addresses those individuals who have been unable to seek redress for
sexual abuse suffered in childhood who are now time barred or unable to
bring a civil cause of action.

Due to the unique nature of child sexual abuse and fears of reprisal,
child victims often suffer for years in silence and are often unable to
comprehend the fact that they have been victimized. Due to the time that
may have transpired since the instance or instances of abuse, the claim
may no longer be pursued through typical litigation.  In some instances,
the sexual abuser may be impoverished, unavailable, unable to be located
or may have passed away, making it impossible or impractical for the
victim to seek redress through the court system. In order to serve the
interests of justice, this bill provides for the establishment of the
New York Child Victims Reconciliation and Compensation Fund and will
allow these individuals the ability to seek the redress they are due.

In order to improve vigilance over instances of abuse, this legislation
also expands on current law which already requires that mandated repor-
ters, comprised of numerous professionals, report child abuse occurring
in a family setting(Social Services Law § 413). The bill adds members of
the clergy to the list of mandated reporters, and adds a requirement
that all mandated reporters report child abuse committed by any mandated
reporter in addition to child abuse in a family setting. Finally, this
bill expands the use of criminal history record searches by mandating
all corporations in the state conduct such searches when filling posi-
tions in which an employee or volunteer may have unsupervised contact
with a child.

 
LEGISLATIVE HISTORY:

2018: S.8736-A Reported and Committed to Rules

 
FISCAL IMPLICATIONS:

Undetermined at present

 
EFFECTIVE DATE:
Effective immediately.

2019-S952 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    952
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  YOUNG,  AMEDORE, FELDER, FUNKE, GALLIVAN, GRIFFO,
   HELMING, JACOBS, LANZA, LITTLE, ORTT,  RANZENHOFER,  RITCHIE,  ROBACH,
   SERINO,  SEWARD,  TEDISCO  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend the state finance law, in relation to  establishing  the
   New  York  child victim reconciliation and compensation fund; to amend
   the criminal procedure law, in relation to the statute of  limitations
   for  sex  offenses  committed  against  a  child;  to amend the social
   services law, in relation to the reporting of child  abuse;  to  amend
   the  business corporation law, the not-for-profit corporation law, the
   religious corporations law and the cooperative  corporations  law,  in
   relation  to  child  protection  and criminal history searches; and to
   amend part J of chapter 62 of the laws of 2003 amending the county law
   and other laws relating to fees collected, in  relation  to  providing
   for   the   reimbursement  of  not-for-profit  corporations  for  fees
   collected for criminal history searches by the office of court  admin-
   istration

   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  a
 number  of individuals within the state have been unable to seek redress
 for sexual abuse suffered as a child. Due to the unique nature of  child
 sexual abuse and fears of reprisal, child victims often suffer for years
 in  silence  and  are often unable to comprehend the fact that they have
 been victimized. This can lead to repression  of  the  abuse  and  often
 results  in  the  victim's  confusion, anger and associated difficulties
 later in life. Due to the nature of abuse a victim has been subject  to,
 and  their  perceived  or actual inability to pursue legal action at the
 time of the abuse, many victims have been psychologically unable to file
 a civil litigation claim within the requisite  statute  of  limitations.
 Due to the amount of time that may have transpired since the instance or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD04024-01-9

 S. 952                              2
 
 instances  of  abuse, the claim may no longer be pursued through typical
 litigation. In some instances, the sexual abuser  may  now  be  impover-
 ished,  unavailable,  unable  to  be  located,  or may have passed away,
 making  it  impossible  or  impractical  for  the victim to seek redress
 through the court system. In order to afford those victims  an  opportu-
 nity to seek the redress due to them, the legislature hereby establishes
 a  New  York child victim reconciliation and compensation fund, which is
 intended to provide assistance to those  who  were  sexually  abused  as
 children.
   §  2.  The  state finance law is amended by adding a new article 17 to
 read as follows:
                                ARTICLE 17
        NEW YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND
 SECTION 300. PURPOSE.
         301. DEFINITIONS.
         302. NEW YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND.
         303. FILING OF CLAIM.
         304. HEARING OFFICERS; POWERS AND DUTIES.
         305. CLAIMS ADMINISTRATOR REVIEW.
         306. PAYMENTS TO ELIGIBLE INDIVIDUALS.
         307. REGULATIONS.
   § 300. PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO  PROVIDE  COMPEN-
 SATION  AND  ASSISTANCE  TO ANY INDIVIDUAL WHO HAS INCURRED PHYSICAL AND
 PSYCHOLOGICAL DAMAGES BASED UPON THE RESULT OF  CHILDHOOD  SEXUAL  ABUSE
 WHO  HAS  NOT  PREVIOUSLY BEEN COMPENSATED FOR SUCH ALLEGED ABUSE AND IS
 NOW BARRED FROM PURSUING A CIVIL ACTION FOR DAMAGES AGAINST THE ABUSER.
   § 301. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CLAIMANT" MEANS ANY INDIVIDUAL WHO:
   (A)  SUFFERED  SEXUAL  ABUSE  AS  DEFINED  IN SUBDIVISION FIVE OF THIS
 SECTION; AND
   (B) SUCH ABUSE OCCURRED PRIOR TO THE CLAIMANT'S  EIGHTEENTH  BIRTHDAY;
 AND
   (C) SUCH INDIVIDUAL IS BARRED BY ARTICLE TWO OF THE CIVIL PRACTICE LAW
 AND RULES FROM INSTITUTING A CIVIL ACTION OR PROCEEDING; AND
   (D)  SUCH  INDIVIDUAL  HAS  NOT  OTHERWISE  RECEIVED  COMPENSATION FOR
 DAMAGES RESULTING FROM, OR ON ACCOUNT OF, SUCH  SEXUAL  ABUSE  BY  CIVIL
 SETTLEMENT,  JUDGMENT OR OTHER PRIVATE METHOD, INCLUDING BUT NOT LIMITED
 TO ARBITRATION; AND
   (E) NO OTHER INDIVIDUAL ON BEHALF OF THE CLAIMANT DURING THE PERIOD OF
 THE CLAIMANT'S MINORITY HAS RECEIVED COMPENSATION FOR THE SAME CLAIM.
   2. "ECONOMIC LOSS" MEANS ANY IDENTIFIABLE PECUNIARY LOSS FROM  EMPLOY-
 MENT, MEDICAL EXPENSES, LOSS OF BUSINESS, LOSS OF ECONOMIC OPPORTUNITIES
 TO  THE  EXTENT  THAT  SUCH LOSS WOULD BE RECOVERABLE HAD THE STATUTE OF
 LIMITATIONS NOT EXPIRED AND FOR WHICH THE CLAIMANT  HAS  NOT  PREVIOUSLY
 RECEIVED COMPENSATION;
   3. "ELIGIBLE INDIVIDUAL" MEANS AN INDIVIDUAL DETERMINED TO BE ELIGIBLE
 FOR COMPENSATION PURSUANT TO SECTION THREE HUNDRED FIVE OF THIS ARTICLE;
   4.  "NONECONOMIC LOSSES" MEANS LOSSES FOR PHYSICAL AND EMOTIONAL PAIN,
 SUFFERING INCONVENIENCE, PHYSICAL IMPAIRMENT, MENTAL ANGUISH, DISFIGURE-
 MENT, LOSS OF ENJOYMENT OF LIFE, LOSS OF SOCIETY AND COMPANIONSHIP, LOSS
 OF CONSORTIUM (OTHER THAN LOSS OF DOMESTIC  SERVICE),  HEDONIC  DAMAGES,
 INJURY  TO  REPUTATION, AND ALL OTHER NONPECUNIARY LOSSES OF ANY KIND OF
 NATURE; AND
   5. "SEXUAL ABUSE" MEANS ACTS  PROSCRIBED  UNDER  ARTICLE  ONE  HUNDRED
 THIRTY  OF THE PENAL LAW, ACTS CONSTITUTING INCEST AS DEFINED IN SECTION

 S. 952                              3
 
 255.27, 255.26 OR 255.25 OF THE PENAL LAW, OR ACTS INCLUDING  THE  INDI-
 VIDUAL IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL
 LAW,  OR  A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME
 OF THE ACT.
   §  302. NEW YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND. 1.
 THERE IS HEREBY CREATED IN THE JOINT CUSTODY OF  THE  STATE  COMPTROLLER
 AND  A CHIEF ADMINISTRATOR, WHO SHALL BE APPOINTED AS PROVIDED IN SUBDI-
 VISION THREE OF THIS SECTION, A SPECIAL FUND TO BE  KNOWN  AS  THE  "NEW
 YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND."
   2. (A) SUCH FUND SHALL CONSIST OF THREE HUNDRED MILLION DOLLARS TRANS-
 FERRED  FROM  THE  STATE  ASSET  FORFEITURE  FUNDS  AND FUNDS SECURED BY
 PAYMENTS ASSOCIATED WITH STATE SANCTIONED  DEFERRED  PROSECUTION  AGREE-
 MENTS  CURRENTLY  HELD  ON  DEPOSIT  WITH  THE  OFFICE  OF THE MANHATTAN
 DISTRICT ATTORNEY.
   (B) THE OFFICE OF THE MANHATTAN DISTRICT ATTORNEY  SHALL  ADDITIONALLY
 REMIT  FIVE  PERCENT  OF  THE TOTAL OF ANY FUTURE STATE ASSET FORFEITURE
 FUNDS WHICH HAVE BEEN SECURED BY SUCH DISTRICT ATTORNEY BY JANUARY FIRST
 OF THE SUBSEQUENT YEAR.
   (C) THE CHIEF ADMINISTRATOR IS AUTHORIZED TO ACCEPT  SUCH  AMOUNTS  AS
 MAY  BE CONTRIBUTED BY INDIVIDUALS, BUSINESS CONCERNS, OR OTHER ENTITIES
 TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
   3. (A) THE CHIEF ADMINISTRATOR SHALL BE SELECTED BY  THE  STATE  COMP-
 TROLLER IN CONSULTATION WITH THE LEADERS OF THE SENATE AND ASSEMBLY.
   (B) THE CHIEF ADMINISTRATOR SHALL BE QUALIFIED BY PREVIOUS EXPERIENCE,
 TRAINING  AND EDUCATION TO ADMINISTER SUCH A FUND. THE CHIEF ADMINISTRA-
 TOR SHALL BE SUBJECT TO REMOVAL PURSUANT TO THE PUBLIC OFFICERS LAW  AND
 SHALL  BE  SUBJECT TO THE JURISDICTION OF THE JOINT COMMISSION ON PUBLIC
 ETHICS FOR ALL DISCIPLINARY MATTERS. NO BOND SHALL  BE  REQUIRED  BEFORE
 ENTERING INTO SERVICE.
   (C)  PRIOR  TO ENTERING INTO SERVICE, THE CHIEF ADMINISTRATOR SHALL BE
 REQUIRED TO FILE A LONG FORM ETHICS FILING WITH THE JOINT COMMISSION  ON
 PUBLIC ETHICS.
   4.  THE CHIEF ADMINISTRATOR SHALL APPOINT A CLAIMS ADMINISTRATOR.  THE
 CLAIMS ADMINISTRATOR, IN  CONSULTATION  WITH  THE  CHIEF  ADMINISTRATOR,
 SHALL PROMULGATE PROCEDURAL AND SUBSTANTIVE RULES FOR THE ADMINISTRATION
 OF THE FUND.
   5. (A) THE CHIEF ADMINISTRATOR SHALL APPOINT HEARING OFFICERS WHO HAVE
 A RECORD OF SUBSTANTIVE EXPERIENCE IN THE INVESTIGATION, PROSECUTION AND
 DEFENSE  OF  CHILD SEXUAL ABUSE ALLEGATIONS. SUCH HEARING OFFICERS SHALL
 RECEIVE THE SAME REMUNERATION AS HEARING OFFICERS IN A COMPARABLE  AGEN-
 CY.
   (B)  THE  CHIEF  ADMINISTRATOR SHALL HAVE THE POWER TO APPOINT AND PAY
 SUCH EXPERTS AS SOUGHT BY HEARING OFFICERS IN AID OF THE DETERMINATION.
   6. THE CHIEF ADMINISTRATOR SHALL HAVE THE POWER TO APPOINT ADMINISTRA-
 TIVE PERSONNEL TO ADMINISTER THE PROVISIONS OF THIS SECTION PURSUANT  TO
 A HIRING PLAN APPROVED BY THE STATE COMPTROLLER.
   7.  THE  CLAIMS  ADMINISTRATOR,  IN  CONJUNCTION  WITH THE STATE COMP-
 TROLLER, SHALL BE RESPONSIBLE FOR THE ADMINISTRATION OF FUNDS  DEPOSITED
 IN THE NEW YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND ESTAB-
 LISHED PURSUANT TO THIS SECTION.
   §  303.  FILING  OF CLAIM. 1. THE CLAIMS ADMINISTRATOR SHALL DEVELOP A
 CLAIM FORM THAT CLAIMANTS SHALL USE WHEN SUBMITTING  CLAIMS  UNDER  THIS
 SECTION  AND SHALL ENSURE THAT SUCH FORM MAY BE SUBMITTED ELECTRONICALLY
 IF DETERMINED TO BE PRACTICABLE.

 S. 952                              4
 
   2. A CLAIMANT MAY FILE A CLAIM FOR  COMPENSATION  UNDER  THIS  ARTICLE
 WITH  THE  CLAIMS ADMINISTRATOR. THE CLAIM SHALL STATE THE FACTUAL BASIS
 FOR ELIGIBILITY FOR COMPENSATION AND THE AMOUNT OF COMPENSATION SOUGHT.
   3.  THE  FORM  REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE
 UNDER OATH AND SHALL PROVIDE THE FOLLOWING INFORMATION:
   (A) A NARRATIVE OF THE EVENTS CONTAINING INFORMATION FROM THE CLAIMANT
 CONCERNING THE IDENTITY OF THE ALLEGED ABUSER, THE  PHYSICAL  OR  MENTAL
 HARM  THAT  THE CLAIMANT SUFFERED, IS SUFFERING FROM, AND/OR MAY REASON-
 ABLY BE EXPECTED TO SUFFER IN THE FUTURE.
   (B) INFORMATION FROM THE CLAIMANT  CONCERNING  ANY  POSSIBLE  ECONOMIC
 LOSSES  THAT  THE  CLAIMANT HAS SUFFERED OR IS EXPECTED TO SUFFER AS THE
 RESULT OF SEXUAL ABUSE.
   (C) INFORMATION  REGARDING  COLLATERAL  SOURCES  OF  COMPENSATION  THE
 CLAIMANT  HAS  RECEIVED  OR  IS  ENTITLED TO RECEIVE AS A RESULT OF SUCH
 ABUSE.
   (D) ANY OTHER MATERIAL THAT THE CLAIMANT WISHES TO PRESENT IN  AID  OF
 THE DETERMINATION OF THE CLAIM.
   §  304.  HEARING OFFICERS; POWERS AND DUTIES. 1. PROCEEDINGS CONDUCTED
 PURSUANT TO THIS ARTICLE SHALL BE PRESIDED OVER BY A HEARING OFFICER WHO
 SHALL HAVE SUBSTANTIAL EXPERIENCE RELATING TO THE  LITIGATION,  INVESTI-
 GATION, PROSECUTION OR DEFENSE OF CHILD SEXUAL ABUSE CLAIMS.
   2. THE HEARING OFFICER SHALL SET THE TIME AND PLACE OF ANY HEARING AND
 SHALL GIVE REASONABLE NOTICE TO THE PARTIES.
   3.  THE HEARING OFFICER SHALL CONDUCT A FAIR AND IMPARTIAL HEARING AND
 TAKE  ALL  ACTION  NECESSARY  TO  AVOID  DELAY  IN  THE  DISPOSITION  OF
 PROCEEDINGS  AND  TO  MAINTAIN ORDER. THE HEARING OFFICER SHALL HAVE ALL
 POWERS NECESSARY TO THOSE ENDS, INCLUDING, BUT NOT LIMITED TO, THE POWER
 TO:
   (A) ADMINISTER OATHS AND AFFIRMATIONS;
   (B) CAUSE SUBPOENAS TO BE ISSUED AS AUTHORIZED BY LAW;
   (C) RULE UPON OFFERS OF PROOF AND RECEIVE EVIDENCE;
   (D) ORDER OR LIMIT DISCOVERY AS THE INTERESTS OF JUSTICE MAY REQUIRE;
   (E) REGULATE THE COURSE OF THE HEARING AND THE CONDUCT OF THE  PARTIES
 AND THEIR COUNSEL;
   (F)  HOLD  CONFERENCES  FOR  THE  SETTLEMENT  OR SIMPLIFICATION OF THE
 ISSUES BY CONSENT OF THE PARTIES;
   (G) CONSIDER AND RULE UPON ALL PROCEDURAL AND OTHER MOTIONS  APPROPRI-
 ATE IN ADJUDICATIVE PROCEEDINGS;
   (H)  TAKE NOTICE OF ANY MATERIAL FACT NOT APPEARING IN EVIDENCE IN THE
 RECORD THAT IS PROPERLY A MATTER OF JUDICIAL NOTICE;
   (I) MAKE AND FILE DETERMINATIONS TO THE CLAIMS ADMINISTRATOR; AND
   (J) EXERCISE SUCH OTHER AUTHORITY AS IS NECESSARY  TO  CARRY  OUT  THE
 RESPONSIBILITIES OF THE HEARING OFFICER UNDER THIS SECTION.
   4.  CLAIMANTS  AND  DEFENDANTS  TAKING PART IN A PROCEEDING UNDER THIS
 SECTION SHALL HAVE:
   (A) THE RIGHT TO BE REPRESENTED BY AN ATTORNEY, AND UPON A SHOWING  OF
 INDIGENCE, MAY OBTAIN APPOINTED COUNSEL;
   (B)  THE  RIGHT  TO  PRESENT  EVIDENCE,  INCLUDING THE PRESENTATION OF
 WITNESSES AND DOCUMENTS, EXPERT TESTIMONY; AND
   (C) ANY OTHER DUE PROCESS RIGHTS  DEEMED  APPROPRIATE  BY  THE  CLAIMS
 ADMINISTRATOR.
   §  305. CLAIMS ADMINISTRATOR REVIEW. 1. THE CLAIMS ADMINISTRATOR SHALL
 REVIEW ALL FINDINGS MADE BY A HEARING OFFICER  IN  EACH  CASE  SUBMITTED
 UNDER THIS SECTION AND SHALL DETERMINE:
   (A)  WHETHER  THE  DEFENDANT IS RESPONSIBLE FOR THE CONDUCT ALLEGED BY
 THE CLAIMANT; AND

 S. 952                              5
 
   (B) WHETHER THE CLAIMANT IS AN ELIGIBLE INDIVIDUAL UNDER THIS SECTION.
   2.  A  CLAIMANT  SHALL  BE  DEEMED  AN  ELIGIBLE INDIVIDUAL UNDER THIS
 SECTION WHEN THE CLAIM ADMINISTRATOR DETERMINES THE CLAIMANT:
   (A) WAS A VICTIM OF THE ALLEGED CONDUCT;
   (B) IS AN INDIVIDUAL WHO HAS SUFFERED ECONOMIC OR NONECONOMIC LOSS  AS
 A RESULT OF SEXUAL ABUSE WHICH OCCURRED WITHIN THE STATE; AND
   (C) THE INDIVIDUAL HAS BEEN UNABLE TO PURSUE A CIVIL CLAIM FOR DAMAGES
 RESULTING  FROM  THE LOSS DESCRIBED IN PARAGRAPH (B) OF THIS SUBDIVISION
 DUE TO THE FAILURE TO FILE A JUDICIAL CLAIM FOR DAMAGES  RESULTING  FROM
 SUCH ABUSE WITHIN THE REQUISITE STATUTE OF LIMITATIONS.
   3. THE FOLLOWING FACTORS SHALL BE CONSIDERED IN DETERMINING THE AMOUNT
 OF COMPENSATION TO BE PAID TO SUCH ELIGIBLE INDIVIDUALS:
   (A)  THE  NATURE,  EXTENT  AND  FREQUENCY OF THE SEXUAL ABUSE THAT WAS
 FOUND TO HAVE OCCURRED;
   (B) THE EXTENT OF THE HARM TO THE CLAIMANT, INCLUDING ANY ECONOMIC AND
 NONECONOMIC LOSS; AND
   (C) THE EXTENT TO WHICH AGGRAVATING CIRCUMSTANCES  ARE  ALLEGED,  SUCH
 AS:
   (I) THE AGE OF THE CLAIMANT;
   (II) THE SEVERITY OF THE ABUSE;
   (III) THE LOCATION OF THE ABUSE;
   (IV) THREATS OF PHYSICAL HARM AND/OR RETALIATION;
   (V)  SIGNIFICANT,  VERIFIABLE  AND LIFE ALTERING PSYCHOLOGICAL DAMAGE;
 AND/OR
   (VI) ANY OTHER SIGNIFICANT INFORMATION RELEVANT TO THE  CLAIM  OR  THE
 DEFENSE OF THE CLAIM.
   4. NO LATER THAN NINETY DAYS AFTER THAT DATE ON WHICH A CLAIM IS FILED
 UNDER SECTION THREE HUNDRED THREE OF THIS ARTICLE, UNLESS GOOD CAUSE CAN
 BE DEMONSTRATED, THE CLAIM ADMINISTRATOR SHALL COMPLETE A REVIEW, MAKE A
 DETERMINATION,  AND PROVIDE WRITTEN NOTICE TO THE CLAIMANT, WITH RESPECT
 TO THE MATTERS THAT WERE THE SUBJECT OF THE CLAIM UNDER REVIEW.  SUCH  A
 DETERMINATION SHALL BE FINAL AND NOT SUBJECT TO JUDICIAL REVIEW.
   5.  THE  CLAIMS  ADMINISTRATOR MAY NOT INCLUDE PUNITIVE DAMAGES IN ANY
 COMPENSATION PAID UNDER A CLAIM UNDER THIS ARTICLE.
   6. THE CLAIMS ADMINISTRATOR SHALL REDUCE THE  AMOUNT  OF  COMPENSATION
 DETERMINED  UNDER  THIS  SECTION  SOLELY BY THE AMOUNT OF ANY COLLATERAL
 COMPENSATION THE CLAIMANT HAS RECEIVED OR IS ENTITLED TO  RECEIVE  AS  A
 RESULT OF SUCH SEXUAL ABUSE.
   §  306. PAYMENTS TO ELIGIBLE INDIVIDUALS. 1. NO LATER THAN TWENTY DAYS
 AFTER THE DATE ON WHICH A DETERMINATION IS MADE BY THE  CLAIMS  ADMINIS-
 TRATOR  REGARDING  THE  AMOUNT OF COMPENSATION DUE A CLAIMANT UNDER THIS
 ARTICLE, THE CLAIMS ADMINISTRATOR SHALL AUTHORIZE PAYMENT TO SUCH CLAIM-
 ANT OF THE AMOUNT DETERMINED WITH RESPECT TO SUCH CLAIMANT.
   2. THE  CHIEF  ADMINISTRATOR  SHALL  MAINTAIN  A  PUBLICLY  ACCESSIBLE
 WEBSITE  WHICH  LISTS THE NAME OF THE PERPETRATOR OF THE ABUSE WHICH WAS
 FOUND TO HAVE OCCURRED, AND WHICH ALSO INCLUDES THE APPROXIMATE DATE  OR
 DATES THE ABUSE OCCURRED AND THE APPROXIMATE GEOGRAPHIC LOCATION OF EACH
 INSTANCE  OF  ABUSE, AS WELL AS ANY OTHER IDENTIFYING INFORMATION DEEMED
 BY THE CHIEF ADMINISTRATOR TO BE APPROPRIATE.
   § 307. REGULATIONS. NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE DATE
 OF THIS ARTICLE, THE CHIEF ADMINISTRATOR, IN CONSULTATION WITH THE STATE
 COMPTROLLER AND THE CLAIMS ADMINISTRATOR, SHALL  PROMULGATE  REGULATIONS
 TO CARRY OUT THIS ARTICLE, INCLUDING REGULATIONS PRESCRIBING:
   1. FORMS TO BE USED IN SUBMITTING CLAIMS UNDER THIS ARTICLE;
   2. THE INFORMATION TO BE INCLUDED IN SUCH FORMS;
   3. PROCEDURES FOR HEARINGS AND THE PRESENTATION OF EVIDENCE;

 S. 952                              6
 
   4.  PROCEDURES  TO  ASSIST AN INDIVIDUAL IN FILING AND PURSUING CLAIMS
 UNDER THIS ARTICLE; AND
   5. OTHER MATTERS DETERMINED BY THE CHIEF ADMINISTRATOR AND APPROVED BY
 THE  STATE COMPTROLLER NECESSARY TO CARRY OUT THE PURPOSES OF THIS ARTI-
 CLE.
   § 3. Paragraph (f) of subdivision 3 of section 30.10 of  the  criminal
 procedure  law,  as separately amended by chapters 3 and 320 of the laws
 of 2006, is amended to read as follows:
   (f) [For purposes of a] A prosecution involving a  sexual  offense  as
 defined  in  article  one  hundred thirty of the penal law, other than a
 sexual offense delineated in paragraph (a) of subdivision  two  of  this
 section,  committed  against  a  child  less than eighteen years of age,
 incest in the first, second or  third  degree  as  defined  in  sections
 255.27,  255.26  and  255.25  of the penal law committed against a child
 less than eighteen years of age, or use of a child in a sexual  perform-
 ance as defined in section 263.05 of the penal law, [the period of limi-
 tation  shall  not  begin  to run until the child has reached the age of
 eighteen or the offense is reported  to  a  law  enforcement  agency  or
 statewide  central  register  of child abuse and maltreatment, whichever
 occurs earlier] MAY BE COMMENCED AT ANY TIME.
   § 4. Paragraph (a) of subdivision 1  of  section  413  of  the  social
 services  law,  as  amended  by section 7 of part C of chapter 57 of the
 laws of 2018, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
 licensed  behavior analyst; certified behavior analyst assistant; hospi-
 tal personnel engaged in the admission, examination, care  or  treatment
 of  persons;  MEMBER  OF  THE  CLERGY; a Christian Science practitioner;
 school official, which includes but is not limited  to  school  teacher,
 school  guidance  counselor,  school psychologist, school social worker,
 school nurse, school administrator or other school personnel required to
 hold a teaching or administrative license or certificate; full or  part-
 time  compensated  school employee required to hold a temporary coaching
 license or professional coaching certificate;  social  services  worker;
 employee  of a publicly-funded emergency shelter for families with chil-
 dren; director of a children's overnight camp, summer day camp or  trav-
 eling  summer  day  camp,  as such camps are defined in section thirteen
 hundred ninety-two of the public health law;  day  care  center  worker;
 school-age  child  care  worker;  provider of family or group family day
 care; employee or volunteer in a residential care facility for  children
 that  is  licensed,  certified or operated by the office of children and
 family services; or any other child care or foster care  worker;  mental
 health  professional;  substance  abuse counselor; alcoholism counselor;

 S. 952                              7
 
 all persons credentialed by the office of alcoholism and substance abuse
 services; employees, who are expected to have  regular  and  substantial
 contact  with  children, of a health home or health home care management
 agency contracting with a health home as designated by the department of
 health  and  authorized under section three hundred sixty-five-l of this
 chapter or such employees who provide home and community based  services
 under a demonstration program pursuant to section eleven hundred fifteen
 of  the federal social security act who are expected to have regular and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district  attorney or assistant district attorney; investigator employed
 in the office of a district attorney; or other law enforcement official.
   § 5. Subdivision 1 of section  413  of  the  social  services  law  is
 amended by adding five new paragraphs (e), (f), (g), (h) and (i) to read
 as follows:
   (E)  UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE, A
 MEMBER OF THE CLERGY, OR OTHER MINISTER OF ANY RELIGION OR DULY  ACCRED-
 ITED  CHRISTIAN  SCIENCE  PRACTITIONER,  SHALL NOT BE REQUIRED TO MAKE A
 REPORT  AS  REQUIRED  BY  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IF  THE
 CONFESSION  OR  CONFIDENCE  WAS MADE TO HIM OR HER IN HIS OR HER PROFES-
 SIONAL CHARACTER AS SPIRITUAL ADVISOR.
   (F) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
 CHILD IS AN ABUSED  OR  MALTREATED  CHILD  BASED  UPON  ANY  INFORMATION
 RECEIVED  OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO
 PARAGRAPH (E) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY  SHALL
 PROMPTLY  MAKE A REPORT AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
 NOTWITHSTANDING THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A  REPORT
 OF  ABUSE OR MALTREATMENT THROUGH A CONFESSION OR CONFIDENCE MADE PURSU-
 ANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
   (G) THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION SHALL  NOT  BE
 DEEMED  TO  EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER REQUIREMENTS OF
 LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
   (H) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER-
 GY" SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET  FORTH
 IN  SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE
 ANY PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELI-
 GIOUS INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF  A  RELIGIOUS
 INSTITUTION.
   (I)  FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "RELIGIOUS INSTITU-
 TION" SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE  ITS  MEMBERS
 TO  MEET  FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES OR A CONGRE-
 GATION, SOCIETY, OR OTHER ASSEMBLAGE OF PERSONS WHO  ARE  ACCUSTOMED  TO
 STATEDLY MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT
 HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION TWO OF
 THE RELIGIOUS CORPORATIONS LAW.
   §  6.  Article 6 of the social services law is amended by adding a new
 title 6-B to read as follows:
                                 TITLE 6-B
                 REPORTS OF CHILD ABUSE TO LAW ENFORCEMENT
 SECTION 429-A. PERSONS  AND  OFFICIALS  REQUIRED  TO  REPORT  CASES   OF
                  SUSPECTED  CHILD  ABUSE  TO APPROPRIATE LAW ENFORCEMENT
                  AGENCY.
         429-B. PENALTIES FOR FAILURE TO REPORT.
         429-C. IMMUNITY FROM LIABILITY.
         429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT  A  CHILD
                  IS AN ABUSED CHILD; DISTRICT ATTORNEY; PENALTY.

 S. 952                              8
 
   §  429-A.  PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED
 CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCY. 1. (A) THE  FOLLOWING
 PERSONS  AND  OFFICIALS  ARE  REQUIRED TO REPORT OR CAUSE A REPORT TO BE
 MADE TO AN APPROPRIATE LAW ENFORCEMENT AGENCY WHEN THEY HAVE  REASONABLE
 CAUSE TO SUSPECT IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY THAT A CHILD
 IS  AN  ABUSED  CHILD:  ANY  PHYSICIAN;  REGISTERED PHYSICIAN ASSISTANT;
 SURGEON; MEDICAL EXAMINER; CORONER; DENTIST;  DENTAL  HYGIENIST;  OSTEO-
 PATH;  OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOL-
 OGIST; REGISTERED NURSE; EMERGENCY MEDICAL TECHNICIAN; HOSPITAL  PERSON-
 NEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS;
 MEMBER OF THE CLERGY; A CHRISTIAN SCIENCE PRACTITIONER; SCHOOL OFFICIAL;
 SOCIAL  SERVICES  WORKER;  DAY CARE CENTER WORKER; PROVIDER OF FAMILY OR
 GROUP FAMILY DAY CARE; EMPLOYEE  OR  VOLUNTEER  IN  A  RESIDENTIAL  CARE
 FACILITY  OR  ANY  OTHER CHILD CARE OR FOSTER CARE WORKER; MENTAL HEALTH
 PROFESSIONAL; SUBSTANCE ABUSE  COUNSELOR;  ALCOHOLISM  COUNSELOR;  PEACE
 OFFICER;  POLICE OFFICER; DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTOR-
 NEY; INVESTIGATOR EMPLOYED IN THE OFFICE  OF  A  DISTRICT  ATTORNEY;  OR
 OTHER LAW ENFORCEMENT OFFICIAL.
   (B)  FOR  THE  PURPOSES  OF THIS SECTION THE TERM "ABUSED CHILD" SHALL
 MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS UPON WHOM A PERSON EIGHTEEN
 YEARS OF AGE OR MORE WHO IS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION
 AND WHO IS NOT THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  SUCH
 CHILD'S CARE:
   (I)  INTENTIONALLY  OR  RECKLESSLY  INFLICTS  PHYSICAL INJURY, SERIOUS
 PHYSICAL INJURY OR DEATH, OR
   (II) INTENTIONALLY OR RECKLESSLY ENGAGES IN CONDUCT  WHICH  CREATES  A
 SUBSTANTIAL  RISK  OF  SUCH  PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR
 DEATH, OR
   (III) COMMITS OR ATTEMPTS TO COMMIT  AGAINST  A  CHILD  THE  CRIME  OF
 DISSEMINATING  INDECENT  MATERIALS  TO  MINORS  PURSUANT  TO ARTICLE TWO
 HUNDRED THIRTY-FIVE OF THE PENAL LAW, OR
   (IV) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE  HUNDRED  THIRTY
 OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW.
   (C) FOR THE PURPOSES OF THIS SECTION THE TERM "LAW ENFORCEMENT AUTHOR-
 ITIES"  SHALL  MEAN A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S DEPARTMENT,
 THE DIVISION OF STATE POLICE OR ANY OFFICER THEREOF OR A DISTRICT ATTOR-
 NEY OR ASSISTANT DISTRICT ATTORNEY. NOTWITHSTANDING ANY OTHER  PROVISION
 OF  LAW, LAW ENFORCEMENT AUTHORITIES SHALL NOT INCLUDE ANY CHILD PROTEC-
 TIVE SERVICE OR ANY SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN AS
 SUCH TERMS ARE DEFINED IN SECTION  FOUR  HUNDRED  TWENTY-THREE  OF  THIS
 ARTICLE.
   (D)  FOR  THE PURPOSES OF THIS SECTION THE TERM "MEMBER OF THE CLERGY"
 SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET  FORTH  IN
 SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE ANY
 PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELIGIOUS
 INSTITUTION  OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS INSTI-
 TUTION.
   (E) FOR THE PURPOSES OF THIS SECTION THE TERM "RELIGIOUS  INSTITUTION"
 SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE ITS MEMBERS TO MEET
 FOR  DIVINE  WORSHIP  OR  OTHER RELIGIOUS OBSERVANCES OR A CONGREGATION,
 SOCIETY, OR OTHER ASSEMBLAGE OF PERSONS WHO ARE ACCUSTOMED  TO  STATEDLY
 MEET  FOR  DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT HAVING
 BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION  TWO  OF  THE
 RELIGIOUS CORPORATIONS LAW.
   2. (A) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE,
 A  MEMBER  OF  THE  CLERGY,  OR  OTHER  MINISTER OF ANY RELIGION OR DULY

 S. 952                              9
 
 ACCREDITED CHRISTIAN SCIENCE PRACTITIONER, SHALL NOT BE REQUIRED TO MAKE
 A REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
 IF THE CONFESSION OR CONFIDENCE WAS MADE TO HIM OR HER  IN  HIS  OR  HER
 PROFESSIONAL CHARACTER AS SPIRITUAL ADVISOR.
   (B) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
 CHILD  IS AN ABUSED CHILD BASED UPON ANY INFORMATION RECEIVED OTHER THAN
 THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT  TO  PARAGRAPH  (A)  OF
 THIS  SUBDIVISION,  THEN SUCH MEMBER OF THE CLERGY SHALL PROMPTLY MAKE A
 REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF  THIS  SECTION
 NOTWITHSTANDING  THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A REPORT
 OF ABUSE THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT  TO  PARAGRAPH
 (A) OF THIS SUBDIVISION.
   (C)  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE
 DEEMED TO EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER  REQUIREMENTS  OF
 LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
   3.  NOTHING  IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE THE REPORT OF
 INFORMATION BY A PERSON REQUIRED TO REPORT HEREIN WHEN SUCH  INFORMATION
 IS OTHERWISE PRIVILEGED FROM DISCLOSURE BY LAW.
   §  429-B.  PENALTIES  FOR FAILURE TO REPORT. 1. ANY PERSON REQUIRED BY
 THIS TITLE TO REPORT A CASE OF SUSPECTED CHILD ABUSE WHO WILLFULLY FAILS
 TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   2. ANY PERSON REQUIRED BY THIS TITLE TO REPORT  A  CASE  OF  SUSPECTED
 CHILD  ABUSE WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO SHALL BE CIVILLY
 LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
   § 429-C. IMMUNITY FROM LIABILITY. 1. ANY  PERSON  WHO  IN  GOOD  FAITH
 MAKES  A REPORT OF ALLEGATIONS OF CHILD ABUSE AS REQUIRED BY THIS TITLE,
 INCLUDING THOSE WHO IN GOOD FAITH MAKE A REPORT TO THE WRONG  RECIPIENT,
 SHALL HAVE IMMUNITY FROM CRIMINAL LIABILITY WHICH MIGHT OTHERWISE RESULT
 BY REASON OF SUCH ACTIONS.
   2. ANY PERSON WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF ALLE-
 GATIONS  OF  CHILD  ABUSE AS REQUIRED BY THIS TITLE, SHALL HAVE IMMUNITY
 FROM CIVIL LIABILITY WHICH MIGHT OTHERWISE  RESULT  BY  REASON  OF  SUCH
 ACTIONS.
   § 429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD IS AN
 ABUSED  CHILD; DISTRICT ATTORNEY; PENALTY. 1. WITHIN THREE MONTHS OF THE
 EFFECTIVE DATE OF THIS SECTION, ALL MEMBERS OF  THE  CLERGY  SHALL:  (A)
 REVIEW  ALL  INSTITUTIONAL  RECORDS  WITHIN  THEIR CONTROL AND ANY OTHER
 INFORMATION THEY HAVE OBTAINED REGARDING ALLEGATIONS THAT A CHILD IS  AN
 ABUSED  CHILD BY A MEMBER OF THE CLERGY WITHIN TWENTY YEARS PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION; AND (B) REVIEW WHETHER THEY ARE AWARE OF
 ANY OTHER ALLEGATIONS THAT A CHILD IS AN ABUSED CHILD  ALLEGED  TO  HAVE
 BEEN  ABUSED  BY  A  MEMBER  OF  THE  CLERGY WHO REMAINS ACTIVELY IN THE
 SERVICE OF A RELIGIOUS INSTITUTION, REGARDLESS OF THE DATE ON WHICH SUCH
 ALLEGATION WAS MADE; AND WHERE SUCH INFORMATION OR RECORDS RAISE REASON-
 ABLE CAUSE TO SUSPECT THAT A CHILD IS AN ABUSED CHILD, REPORT SUCH ALLE-
 GATION TO THE DISTRICT ATTORNEY. THIS SECTION SHALL NOT APPLY TO  INFOR-
 MATION  OBTAINED  THROUGH  CONFIDENTIAL  COMMUNICATIONS  WITH CLERGY AND
 PRIVILEGED UNDER LAW AND NO REPORT NEED BE MADE OF ALLEGATIONS AGAINST A
 DECEASED INDIVIDUAL.
   2. THE WILLFUL FAILURE OF AN INDIVIDUAL DEFINED IN  PARAGRAPH  (A)  OF
 SUBDIVISION  ONE  OF SECTION FOUR HUNDRED TWENTY-NINE-A OF THIS TITLE TO
 REVIEW EXISTING RECORDS AND INFORMATION AND REPORT ALLEGATIONS CONTAINED
 THEREIN, AS PROVIDED BY THIS SECTION, SHALL BE A CLASS A MISDEMEANOR.
   § 7. The commissioner of the office of children  and  family  services
 shall  review  the  reporting  form used to report suspected child abuse
 pursuant to section 429-a of  the  social  services  law,  as  added  by

 S. 952                             10
 
 section  six  of  this act, and, if necessary, shall revise such form to
 make it appropriate for reporting to law enforcement agencies.
   §  8.  The business corporation law is amended by adding a new section
 113 to read as follows:
 § 113. CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.
   ANY CORPORATION AS DEFINED BY SECTION ONE HUNDRED TWO OF THIS  ARTICLE
 SHALL PERFORM A CRIMINAL HISTORY SEARCH ON ALL INDIVIDUALS THAT MAY WORK
 OR  OTHERWISE  HAVE REASON IN THEIR DUTIES TO BE ENGAGED IN UNSUPERVISED
 ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS  THAT
 MAY PARTICIPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN
 A SETTING WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
   §  9.  The  not-for-profit  corporation law is amended by adding a new
 section 116 to read as follows:
 § 116. CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.
   ANY CORPORATION AS DEFINED BY SECTION ONE HUNDRED TWO OF THIS  ARTICLE
 SHALL PERFORM A CRIMINAL HISTORY SEARCH ON ALL INDIVIDUALS THAT MAY WORK
 OR  OTHERWISE  HAVE REASON IN THEIR DUTIES TO BE ENGAGED IN UNSUPERVISED
 ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS  THAT
 MAY PARTICIPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN
 A SETTING WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
   §  10.  The  religious  corporations  law  is  amended by adding a new
 section 28 to read as follows:
   § 28.  CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.  ANY  RELIGIOUS
 CORPORATION  AS  DEFINED  BY SECTION TWO OF THIS CHAPTER SHALL PERFORM A
 CRIMINAL HISTORY SEARCH ON ALL INDIVIDUALS THAT MAY  WORK  OR  OTHERWISE
 HAVE  REASON  IN  THEIR  DUTIES TO BE ENGAGED IN UNSUPERVISED ACTIVITIES
 WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS THAT MAY PARTIC-
 IPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN A SETTING
 WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
   § 11. The cooperative corporations law is  amended  by  adding  a  new
 section 6 to read as follows:
   §  6.  CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES. ANY COOPERATIVE
 CORPORATION AS DEFINED BY SECTION THREE OF THIS ARTICLE SHALL PERFORM  A
 CRIMINAL  HISTORY  SEARCH  ON ALL INDIVIDUALS THAT MAY WORK OR OTHERWISE
 HAVE REASON IN THEIR DUTIES TO BE  ENGAGED  IN  UNSUPERVISED  ACTIVITIES
 WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS THAT MAY PARTIC-
 IPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN A SETTING
 WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
   §  12. Section 14 of part J of chapter 62 of the laws of 2003 amending
 the county law and other laws relating to fees collected, as amended  by
 section  7  of  part  K of chapter 56 of the laws of 2010, is amended to
 read as follows:
   § 14. Notwithstanding the provisions of any other  law:  (a)  the  fee
 collected  by  the  office  of court administration for the provision of
 criminal history searches and other searches  for  data  kept  electron-
 ically  by  the  unified  court  system shall be sixty-five dollars; (b)
 thirty-five dollars of each such fee collected shall be deposited in the
 indigent legal services fund established by section 98-b  of  the  state
 finance law, as added by section twelve of this act, (c) nine dollars of
 each such fee collected shall be deposited in the legal services assist-
 ance fund established by section 98-c of the state finance law, as added
 by  section  nineteen  of this act, (d) sixteen dollars of each such fee
 collected shall be deposited to the  judiciary  data  processing  offset
 fund established by section 94-b of the state finance law, [and] (e) the
 remainder  shall  be deposited in the general fund[.], AND (F) PROVIDED,
 HOWEVER, IF A CRIMINAL HISTORY SEARCH OR OTHER SEARCHES  FOR  DATA  KEPT

 S. 952                             11

 ELECTRONICALLY  BY  THE UNIFIED COURT SYSTEM IS BEING REQUESTED BY OR ON
 THE BEHALF OF A NOT-FOR-PROFIT CORPORATION, TO PERFORM A CRIMINAL HISTO-
 RY SEARCH ON AN INDIVIDUAL THAT WOULD BE WORKING WITH CHILDREN UNDER THE
 AGE  OF  EIGHTEEN,  THE OFFICE OF COURT ADMINISTRATION SHALL, SUBJECT TO
 THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ESTABLISH PROTOCOLS TO REIM-
 BURSE THE NOT-FOR-PROFIT CORPORATION FOR  SEARCHES  CONDUCTED  AND  SUCH
 REIMBURSEMENT  SHALL  COME FROM THE GENERAL FUND. THE DIVISION OF BUDGET
 SHALL ALSO PROMULGATE REGULATIONS TO PREVENT NOT-FOR-PROFIT CORPORATIONS
 FROM OVER UTILIZING THIS REIMBURSEMENT MECHANISM AND TO ASSURE THAT  ALL
 REIMBURSED  SEARCH  FEES ARE USED FOR CRIMINAL HISTORY SEARCHES OF POSI-
 TIONS THAT WOULD HAVE DIRECT INTERACTION WITH CHILDREN.
   § 13. The provisions of this  act  shall  be  severable,  and  if  any
 clause,  sentence,  paragraph,  subdivision or part of this act shall be
 adjudged by any court of competent  jurisdiction  to  be  invalid,  such
 judgment  shall not affect, impair, or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  subdivision or part thereof directly involved in the controversy
 in which such judgment shall have been rendered.
   § 14. This act shall take effect on  the  one  hundred  eightieth  day
 after it shall have become a law.

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