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.
STATE OF NEW YORK
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292
2019-2020 Regular Sessions
IN SENATE(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:
1 Section 1. Legislative findings. The legislature hereby finds that it
2 is in the public interest to collect data about the extent of instances
3 of past childhood sexual abuse which may have been unreported to appro-
4 priate authorities at the time the abuse occurred or is still within the
5 existing statutory timeframe for criminal prosecution or the filing of a
6 civil claim. The consequences to victims from such past childhood sexual
7 abuse are often repressed for many years and can be devastating to the
8 victims and to society as a whole. Many incidents of abuse are also
9 unreported to enforcement authorities due to a fear of retaliation or
10 reprisal. In order to help determine the extent of this prior abuse, aid
11 in efforts to prosecute past childhood sexual abuse offenses and estab-
12 lish associated claims which may still be viable for legal action, aid
13 efforts to prevent future childhood sexual abuse, and help determine the
14 appropriate means of providing compensation for damages incurred by the
15 victims of past abuse, the legislature finds that the establishment of a
16 voluntary reporting program (a child sex abuse survivor hotline) for
17 incidents of past childhood sexual abuse is in the public interest.
18 § 2. The executive law is amended by adding a new section 837-t to
19 read as follows:
20 § 837-t. Child sex abuse survivor hotline for past childhood sexual
21 offense reporting. 1. The division of criminal justice services shall
22 maintain a toll free child sex abuse hotline for victims to report and
23 provide documentation of prior incidents of sexual abuse they have expe-
24 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
1 would constitute a sexual offense; or, prior incidents of sexual abuse
2 which occurred before the victim's eighteenth birthday and which are, at
3 the time of the reporting, barred from criminal prosecution under the
4 provisions of section 30.10 of the criminal procedure law. For purposes
5 of this section, the term "sexual abuse" shall mean acts proscribed
6 under article one hundred thirty of the penal law, acts constituting
7 incest as defined in section 255.27, 255.26, or 255.25 of the penal law,
8 or acts including the individual in a sexual performance as defined in
9 section 263.05 of the penal law, or a predecessor statute that prohibit-
10 ed such conduct at the time of the act.
11 2. The division shall record information received from the victim
12 which shall, to the extent possible include any and each instance of
13 alleged sexual abuse. The information to be collected shall, at a mini-
14 mum and to the extent possible, include: the specific sexual abuse
15 alleged; the time, place and geographic location of the alleged sexual
16 abuse; the victim's identity; the perpetrator's identity; whether there
17 is any degree of consanguinity between the victim and perpetrator; and
18 any other relevant information deemed necessary by the commissioner.
19 3. The division shall record any reported instances of sexual abuse,
20 which are determined to be non-time barred under the provisions of crim-
21 inal procedure law section 30.10, and report each instance to the appro-
22 priate local district attorney's office for investigation. The division
23 shall also report any incidents of abuse when the victim is less than
24 eighteen years of age at the time of reporting or when such abuse may be
25 ongoing to the office of children and family services and shall coordi-
26 nate with the office to have such allegations investigated in a timely
27 manner pursuant to title six of article six of the social services law.
28 The division shall also retain and make available information on appro-
29 priate advocacy groups and counseling organizations and mechanisms for
30 victim services and compensation which are available to the alleged
31 victim.
32 4. Any information relating to the identity of the perpetrator and the
33 alleged victim shall remain confidential and may only be made available:
34 (a) to the appropriate district attorney's office when the division
35 determines the reported alleged abuse may not be time barred from prose-
36 cution; and (b) provided to the office of children and family services
37 when the victim is determined to be under eighteen years of age at the
38 time of the reporting pursuant to subdivision three of this section.
39 5. The division shall direct resources toward the marketing and public
40 dissemination of information regarding the past child sexual abuse
41 victim information reporting system hotline to promote public awareness
42 of such hotline.
43 6. The division shall provide a report on January first of each year
44 to the temporary president of the senate, the speaker of the assembly,
45 and the governor which shall provide the information collected by the
46 division pursuant to this section, provided however that the information
47 provided shall not identify the names of the victims or perpetrators of
48 the alleged sexual abuse.
49 § 3. This act shall take effect on the one hundred eightieth day after
50 it shall have become a law. Effective immediately, the addition, amend-
51 ment, or repeal of any rules and regulations necessary to implement the
52 provisions of this act on its effective date, are authorized to be
53 completed on or before such date.
