S08736 Summary:
BILL NO | S08736A |
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SAME AS | No Same As |
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SPONSOR | YOUNG |
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COSPNSR | LANZA, PHILLIPS, AMEDORE, FELDER, FUNKE, GALLIVAN, GOLDEN, GRIFFO, HANNON, HELMING, JACOBS, LITTLE, MARCELLINO, MURPHY, ORTT, RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD, TEDISCO |
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MLTSPNSR | |
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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 | |
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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; and relates to providing for the reimbursement of not-for-profit corporations for fees collected for criminal history searches by the office of court administration. |
S08736 Actions:
BILL NO | S08736A | |||||||||||||||||||||||||||||||||||||||||||||||||
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05/10/2018 | REFERRED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2018 | AMEND AND RECOMMIT TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/24/2018 | PRINT NUMBER 8736A | |||||||||||||||||||||||||||||||||||||||||||||||||
06/05/2018 | REPORTED AND COMMITTED TO RULES |
S08736 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 8736--A IN SENATE May 10, 2018 ___________ Introduced by Sens. YOUNG, LANZA, PHILLIPS, AMEDORE, FELDER, FUNKE, GALLIVAN, GRIFFO, HELMING, JACOBS, LITTLE, MARCELLINO, MURPHY, ORTT, RANZENHOFER, RITCHIE, ROBACH, SERINO, SEWARD -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: 1 Section 1. Legislative findings. The Legislature hereby finds that a 2 number of individuals within the state have been unable to seek redress 3 for sexual abuse suffered as a child. Due to the unique nature of child 4 sexual abuse and fears of reprisal, child victims often suffer for years 5 in silence and are often unable to comprehend the fact that they have 6 been victimized. This can lead to repression of the abuse and often 7 results in the victim's confusion, anger and associated difficulties 8 later in life. Due to the nature of abuse a victim has been subject to, 9 and their perceived or actual inability to pursue legal action at the 10 time of the abuse, many victims have been psychologically unable to file 11 a civil litigation claim within the requisite statute of limitations. 12 Due to the amount of time that may have transpired since the instance or 13 instances of abuse, the claim may no longer be pursued through typical EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15716-05-8S. 8736--A 2 1 litigation. In some instances, the sexual abuser may now be impover- 2 ished, unavailable, unable to be located, or may have passed away, 3 making it impossible or impractical for the victim to seek redress 4 through the court system. In order to afford those victims an opportu- 5 nity to seek the redress due to them, the legislature hereby establishes 6 a New York child victim reconciliation and compensation fund, which is 7 intended to provide assistance to those who were sexually abused as 8 children. 9 § 2. The state finance law is amended by adding a new article 17 to 10 read as follows: 11 ARTICLE 17 12 NEW YORK CHILD VICTIM RECONCILIATION AND COMPENSATION FUND 13 Section 300. Purpose. 14 301. Definitions. 15 302. New York child victim reconciliation and compensation fund. 16 303. Filing of claim. 17 304. Hearing officers; powers and duties. 18 305. Claims administrator review. 19 306. Payments to eligible individuals. 20 307. Regulations. 21 § 300. Purpose. It is the purpose of this article to provide compen- 22 sation and assistance to any individual who has incurred physical and 23 psychological damages based upon the result of childhood sexual abuse 24 who has not previously been compensated for such alleged abuse and is 25 now barred from pursuing a civil action for damages against the abuser. 26 § 301. Definitions. For the purposes of this article, the following 27 terms shall have the following meanings: 28 1. "claimant" means any individual who: 29 (a) suffered sexual abuse as defined in subdivision five of this 30 section; and 31 (b) such abuse occurred prior to the claimant's eighteenth birthday; 32 and 33 (c) such individual is barred by article two of the civil practice law 34 and rules from instituting a civil action or proceeding; and 35 (d) such individual has not otherwise received compensation for 36 damages resulting from, or on account of, such sexual abuse by civil 37 settlement, judgment or other private method, including but not limited 38 to arbitration; and 39 (e) no other individual on behalf of the claimant during the period of 40 the claimant's minority has received compensation for the same claim. 41 2. "economic loss" means any identifiable pecuniary loss from employ- 42 ment, medical expenses, loss of business, loss of economic opportunities 43 to the extent that such loss would be recoverable had the statute of 44 limitations not expired and for which the claimant has not previously 45 received compensation; 46 3. "eligible individual" means an individual determined to be eligible 47 for compensation pursuant to section three hundred five of this article; 48 4. "noneconomic losses" means losses for physical and emotional pain, 49 suffering inconvenience, physical impairment, mental anguish, disfigure- 50 ment, loss of enjoyment of life, loss of society and companionship, loss 51 of consortium (other than loss of domestic service), hedonic damages, 52 injury to reputation, and all other nonpecuniary losses of any kind of 53 nature; and 54 5. "sexual abuse" means acts proscribed under article one hundred 55 thirty of the penal law, acts constituting incest as defined in section 56 255.27, 255.26 or 255.25 of the penal law, or acts including the indi-S. 8736--A 3 1 vidual in a sexual performance as defined in section 263.05 of the penal 2 law, or a predecessor statute that prohibited such conduct at the time 3 of the act. 4 § 302. New York child victim reconciliation and compensation fund. 1. 5 There is hereby created in the joint custody of the state comptroller 6 and a chief administrator, who shall be appointed as provided in subdi- 7 vision three of this section, a special fund to be known as the "New 8 York child victim reconciliation and compensation fund." 9 2. (a) Such fund shall consist of three hundred million dollars trans- 10 ferred from the state asset forfeiture funds and funds secured by 11 payments associated with state sanctioned deferred prosecution agree- 12 ments currently held on deposit with the office of the Manhattan 13 district attorney. 14 (b) The office of the Manhattan district attorney shall additionally 15 remit five percent of the total of any future state asset forfeiture 16 funds which have been secured by such district attorney by January first 17 of the subsequent year. 18 (c) The chief administrator is authorized to accept such amounts as 19 may be contributed by individuals, business concerns, or other entities 20 to carry out the purposes of this article. 21 3. (a) The chief administrator shall be selected by the state comp- 22 troller in consultation with the leaders of the senate and assembly. 23 (b) The chief administrator shall be qualified by previous experience, 24 training and education to administer such a fund. The chief administra- 25 tor shall be subject to removal pursuant to the public officers law and 26 shall be subject to the jurisdiction of the joint commission on public 27 ethics for all disciplinary matters. No bond shall be required before 28 entering into service. 29 (c) Prior to entering into service, the chief administrator shall be 30 required to file a long form ethics filing with the joint commission on 31 public ethics. 32 4. The chief administrator shall appoint a claims administrator. The 33 claims administrator, in consultation with the chief administrator, 34 shall promulgate procedural and substantive rules for the administration 35 of the fund. 36 5. (a) The chief administrator shall appoint hearing officers who have 37 a record of substantive experience in the investigation, prosecution and 38 defense of child sexual abuse allegations. Such hearing officers shall 39 receive the same remuneration as hearing officers in a comparable agen- 40 cy. 41 (b) The chief administrator shall have the power to appoint and pay 42 such experts as sought by hearing officers in aid of the determination. 43 6. The chief administrator shall have the power to appoint administra- 44 tive personnel to administer the provisions of this section pursuant to 45 a hiring plan approved by the state comptroller. 46 7. The claims administrator, in conjunction with the state comp- 47 troller, shall be responsible for the administration of funds deposited 48 in the New York child victim reconciliation and compensation fund estab- 49 lished pursuant to this section. 50 § 303. Filing of claim. 1. The claims administrator shall develop a 51 claim form that claimants shall use when submitting claims under this 52 section and shall ensure that such form may be submitted electronically 53 if determined to be practicable. 54 2. A claimant may file a claim for compensation under this article 55 with the claims administrator. The claim shall state the factual basis 56 for eligibility for compensation and the amount of compensation sought.S. 8736--A 4 1 3. The form required under subdivision one of this section shall be 2 under oath and shall provide the following information: 3 (a) a narrative of the events containing Information from the claimant 4 concerning the identity of the alleged abuser, the physical or mental 5 harm that the claimant suffered, is suffering from, and/or may reason- 6 ably be expected to suffer in the future. 7 (b) information from the claimant concerning any possible economic 8 losses that the claimant has suffered or is expected to suffer as the 9 result of sexual abuse. 10 (c) information regarding collateral sources of compensation the 11 claimant has received or is entitled to receive as a result of such 12 abuse. 13 (d) any other material that the claimant wishes to present in aid of 14 the determination of the claim. 15 § 304. Hearing officers; powers and duties. 1. Proceedings conducted 16 pursuant to this article shall be presided over by a hearing officer who 17 shall have substantial experience relating to the litigation, investi- 18 gation, prosecution or defense of child sexual abuse claims. 19 2. The hearing officer shall set the time and place of any hearing and 20 shall give reasonable notice to the parties. 21 3. The hearing officer shall conduct a fair and impartial hearing and 22 take all action necessary to avoid delay in the disposition of 23 proceedings and to maintain order. The hearing officer shall have all 24 powers necessary to those ends, including, but not limited to, the power 25 to: 26 (a) administer oaths and affirmations; 27 (b) cause subpoenas to be issued as authorized by law; 28 (c) rule upon offers of proof and receive evidence; 29 (d) order or limit discovery as the interests of justice may require; 30 (e) regulate the course of the hearing and the conduct of the parties 31 and their counsel; 32 (f) hold conferences for the settlement or simplification of the 33 issues by consent of the parties; 34 (g) consider and rule upon all procedural and other motions appropri- 35 ate in adjudicative proceedings; 36 (h) take notice of any material fact not appearing in evidence in the 37 record that is properly a matter of judicial notice; 38 (i) make and file determinations to the claims administrator; and 39 (j) exercise such other authority as is necessary to carry out the 40 responsibilities of the hearing officer under this section. 41 4. Claimants and defendants taking part in a proceeding under this 42 section shall have: 43 (a) the right to be represented by an attorney, and upon a showing of 44 indigence, may obtain appointed counsel; 45 (b) the right to present evidence, including the presentation of 46 witnesses and documents, expert testimony; and 47 (c) any other due process rights deemed appropriate by the claims 48 administrator. 49 § 305. Claims administrator review. 1. The claims administrator shall 50 review all findings made by a hearing officer in each case submitted 51 under this section and shall determine: 52 (a) whether the defendant is responsible for the conduct alleged by 53 the claimant; and 54 (b) whether the claimant is an eligible individual under this section. 55 2. A claimant shall be deemed an eligible individual under this 56 section when the claim administrator determines the claimant:S. 8736--A 5 1 (a) was a victim of the alleged conduct; 2 (b) is an individual who has suffered economic or noneconomic loss as 3 a result of sexual abuse which occurred within the state; and 4 (c) the individual has been unable to pursue a civil claim for damages 5 resulting from the loss described in paragraph (b) of this subdivision 6 due to the failure to file a judicial claim for damages resulting from 7 such abuse within the requisite statute of limitations. 8 3. The following factors shall be considered in determining the amount 9 of compensation to be paid to such eligible individuals: 10 (a) the nature, extent and frequency of the sexual abuse that was 11 found to have occurred; 12 (b) the extent of the harm to the claimant, including any economic and 13 noneconomic loss; and 14 (c) the extent to which aggravating circumstances are alleged, such 15 as: 16 (i) the age of the claimant; 17 (ii) the severity of the abuse; 18 (iii) the location of the abuse; 19 (iv) threats of physical harm and/or retaliation; 20 (v) significant, verifiable and life altering psychological damage; 21 and/or 22 (vi) any other significant information relevant to the claim or the 23 defense of the claim. 24 4. No later than ninety days after that date on which a claim is filed 25 under section three hundred three of this article, unless good cause can 26 be demonstrated, the claim administrator shall complete a review, make a 27 determination, and provide written notice to the claimant, with respect 28 to the matters that were the subject of the claim under review. Such a 29 determination shall be final and not subject to judicial review. 30 5. The claims administrator may not include punitive damages in any 31 compensation paid under a claim under this article. 32 6. The claims administrator shall reduce the amount of compensation 33 determined under this section solely by the amount of any collateral 34 compensation the claimant has received or is entitled to receive as a 35 result of such sexual abuse. 36 § 306. Payments to eligible individuals. 1. No later than twenty days 37 after the date on which a determination is made by the claims adminis- 38 trator regarding the amount of compensation due a claimant under this 39 article, the claims administrator shall authorize payment to such claim- 40 ant of the amount determined with respect to such claimant. 41 2. The chief administrator shall maintain a publicly accessible 42 website which lists the name of the perpetrator of the abuse which was 43 found to have occurred, and which also includes the approximate date or 44 dates the abuse occurred and the approximate geographic location of each 45 instance of abuse, as well as any other identifying information deemed 46 by the chief administrator to be appropriate. 47 § 307. Regulations. No later than ninety days after the effective date 48 of this article, the chief administrator, in consultation with the state 49 comptroller and the claims administrator, shall promulgate regulations 50 to carry out this article, including regulations prescribing: 51 1. forms to be used in submitting claims under this article; 52 2. the information to be included in such forms; 53 3. procedures for hearings and the presentation of evidence; 54 4. procedures to assist an individual in filing and pursuing claims 55 under this article; andS. 8736--A 6 1 5. other matters determined by the chief administrator and approved by 2 the state comptroller necessary to carry out the purposes of this arti- 3 cle. 4 § 3. Paragraph (f) of subdivision 3 of section 30.10 of the criminal 5 procedure law, as separately amended by chapters 3 and 320 of the laws 6 of 2006, is amended to read as follows: 7 (f) [For purposes of a] A prosecution involving a sexual offense as 8 defined in article one hundred thirty of the penal law, other than a 9 sexual offense delineated in paragraph (a) of subdivision two of this 10 section, committed against a child less than eighteen years of age, 11 incest in the first, second or third degree as defined in sections 12 255.27, 255.26 and 255.25 of the penal law committed against a child 13 less than eighteen years of age, or use of a child in a sexual perform- 14 ance as defined in section 263.05 of the penal law, [the period of limi-15tation shall not begin to run until the child has reached the age of16eighteen or the offense is reported to a law enforcement agency or17statewide central register of child abuse and maltreatment, whichever18occurs earlier] may be commenced at any time. 19 § 4. Paragraph (a) of subdivision 1 of section 413 of the social 20 services law, as amended by section 7 of part C of chapter 57 of the 21 laws of 2018, is amended to read as follows: 22 (a) The following persons and officials are required to report or 23 cause a report to be made in accordance with this title when they have 24 reasonable cause to suspect that a child coming before them in their 25 professional or official capacity is an abused or maltreated child, or 26 when they have reasonable cause to suspect that a child is an abused or 27 maltreated child where the parent, guardian, custodian or other person 28 legally responsible for such child comes before them in their profes- 29 sional or official capacity and states from personal knowledge facts, 30 conditions or circumstances which, if correct, would render the child an 31 abused or maltreated child: any physician; registered physician assist- 32 ant; surgeon; medical examiner; coroner; dentist; dental hygienist; 33 osteopath; optometrist; chiropractor; podiatrist; resident; intern; 34 psychologist; registered nurse; social worker; emergency medical techni- 35 cian; licensed creative arts therapist; licensed marriage and family 36 therapist; licensed mental health counselor; licensed psychoanalyst; 37 licensed behavior analyst; certified behavior analyst assistant; hospi- 38 tal personnel engaged in the admission, examination, care or treatment 39 of persons; member of the clergy; a Christian Science practitioner; 40 school official, which includes but is not limited to school teacher, 41 school guidance counselor, school psychologist, school social worker, 42 school nurse, school administrator or other school personnel required to 43 hold a teaching or administrative license or certificate; full or part- 44 time compensated school employee required to hold a temporary coaching 45 license or professional coaching certificate; social services worker; 46 employee of a publicly-funded emergency shelter for families with chil- 47 dren; director of a children's overnight camp, summer day camp or trav- 48 eling summer day camp, as such camps are defined in section thirteen 49 hundred ninety-two of the public health law; day care center worker; 50 school-age child care worker; provider of family or group family day 51 care; employee or volunteer in a residential care facility for children 52 that is licensed, certified or operated by the office of children and 53 family services; or any other child care or foster care worker; mental 54 health professional; substance abuse counselor; alcoholism counselor; 55 all persons credentialed by the office of alcoholism and substance abuse 56 services; employees, who are expected to have regular and substantialS. 8736--A 7 1 contact with children, of a health home or health home care management 2 agency contracting with a health home as designated by the department of 3 health and authorized under section three hundred sixty-five-l of this 4 chapter or such employees who provide home and community based services 5 under a demonstration program pursuant to section eleven hundred fifteen 6 of the federal social security act who are expected to have regular and 7 substantial contact with children; peace officer; police officer; 8 district attorney or assistant district attorney; investigator employed 9 in the office of a district attorney; or other law enforcement official. 10 § 5. Subdivision 1 of section 413 of the social services law is 11 amended by adding five new paragraphs (e), (f), (g), (h) and (i) to read 12 as follows: 13 (e) Unless the person confessing or confiding waives the privilege, a 14 member of the clergy, or other minister of any religion or duly accred- 15 ited Christian Science practitioner, shall not be required to make a 16 report as required by paragraph (a) of this subdivision if the 17 confession or confidence was made to him or her in his or her profes- 18 sional character as spiritual advisor. 19 (f) When a member of the clergy has reasonable cause to suspect that a 20 child is an abused or maltreated child based upon any information 21 received other than through a confession or confidence made pursuant to 22 paragraph (e) of this subdivision, then such member of the clergy shall 23 promptly make a report as required by paragraph (a) of this subdivision 24 notwithstanding the fact that he or she may have also received a report 25 of abuse or maltreatment through a confession or confidence made pursu- 26 ant to paragraph (e) of this subdivision. 27 (g) The provisions of paragraph (e) of this subdivision shall not be 28 deemed to exempt a member of the clergy from any other requirements of 29 law to prevent the perpetrator from committing additional acts of abuse. 30 (h) For the purposes of this subdivision the term "member of the cler- 31 gy" shall have the same definition as the term "clergyman" as set forth 32 in section two of the religious corporations law and shall also include 33 any person responsible for supervising a member of the clergy of a reli- 34 gious institution or responsible for the administration of a religious 35 institution. 36 (i) For the purposes of this subdivision the term "religious institu- 37 tion" shall mean a religious corporation created to enable its members 38 to meet for divine worship or other religious observances or a congre- 39 gation, society, or other assemblage of persons who are accustomed to 40 statedly meet for divine worship or other religious observances, without 41 having been incorporated for that purpose, as provided in section two of 42 the religious corporations law. 43 § 6. Article 6 of the social services law is amended by adding a new 44 title 6-B to read as follows: 45 TITLE 6-B 46 REPORTS OF CHILD ABUSE TO LAW ENFORCEMENT 47 Section 429-a. Persons and officials required to report cases of 48 suspected child abuse to appropriate law enforcement 49 agency. 50 429-b. Penalties for failure to report. 51 429-c. Immunity from liability. 52 429-d. Review of existing records for allegations that a child 53 is an abused child; district attorney; penalty. 54 § 429-a. Persons and officials required to report cases of suspected 55 child abuse to appropriate law enforcement agency. 1. (a) The following 56 persons and officials are required to report or cause a report to beS. 8736--A 8 1 made to an appropriate law enforcement agency when they have reasonable 2 cause to suspect in their professional or official capacity that a child 3 is an abused child: any physician; registered physician assistant; 4 surgeon; medical examiner; coroner; dentist; dental hygienist; osteo- 5 path; optometrist; chiropractor; podiatrist; resident; intern; psychol- 6 ogist; registered nurse; emergency medical technician; hospital person- 7 nel engaged in the admission, examination, care or treatment of persons; 8 member of the clergy; a Christian Science practitioner; school official; 9 social services worker; day care center worker; provider of family or 10 group family day care; employee or volunteer in a residential care 11 facility or any other child care or foster care worker; mental health 12 professional; substance abuse counselor; alcoholism counselor; peace 13 officer; police officer; district attorney or assistant district attor- 14 ney; investigator employed in the office of a district attorney; or 15 other law enforcement official. 16 (b) For the purposes of this section the term "abused child" shall 17 mean a child under the age of eighteen years upon whom a person eighteen 18 years of age or more who is defined in paragraph (a) of this subdivision 19 and who is not the parent or other person legally responsible for such 20 child's care: 21 (i) intentionally or recklessly inflicts physical injury, serious 22 physical injury or death, or 23 (ii) intentionally or recklessly engages in conduct which creates a 24 substantial risk of such physical injury, serious physical injury or 25 death, or 26 (iii) commits or attempts to commit against a child the crime of 27 disseminating indecent materials to minors pursuant to article two 28 hundred thirty-five of the penal law, or 29 (iv) engages in any conduct prohibited by article one hundred thirty 30 or two hundred sixty-three of the penal law. 31 (c) For the purposes of this section the term "law enforcement author- 32 ities" shall mean a municipal police department, sheriff's department, 33 the division of state police or any officer thereof or a district attor- 34 ney or assistant district attorney. Notwithstanding any other provision 35 of law, law enforcement authorities shall not include any child protec- 36 tive service or any society for the prevention of cruelty to children as 37 such terms are defined in section four hundred twenty-three of this 38 article. 39 (d) For the purposes of this section the term "member of the clergy" 40 shall have the same definition as the term "clergyman" as set forth in 41 section two of the religious corporations law and shall also include any 42 person responsible for supervising a member of the clergy of a religious 43 institution or responsible for the administration of a religious insti- 44 tution. 45 (e) For the purposes of this section the term "religious institution" 46 shall mean a religious corporation created to enable its members to meet 47 for divine worship or other religious observances or a congregation, 48 society, or other assemblage of persons who are accustomed to statedly 49 meet for divine worship or other religious observances, without having 50 been incorporated for that purpose, as provided in section two of the 51 religious corporations law. 52 2. (a) Unless the person confessing or confiding waives the privilege, 53 a member of the clergy, or other minister of any religion or duly 54 accredited Christian Science practitioner, shall not be required to make 55 a report as required by paragraph (a) of subdivision one of this sectionS. 8736--A 9 1 if the confession or confidence was made to him or her in his or her 2 professional character as spiritual advisor. 3 (b) When a member of the clergy has reasonable cause to suspect that a 4 child is an abused child based upon any information received other than 5 through a confession or confidence made pursuant to paragraph (a) of 6 this subdivision, then such member of the clergy shall promptly make a 7 report as required by paragraph (a) of subdivision one of this section 8 notwithstanding the fact that he or she may have also received a report 9 of abuse through a confession or confidence made pursuant to paragraph 10 (a) of this subdivision. 11 (c) The provisions of paragraph (a) of this subdivision shall not be 12 deemed to exempt a member of the clergy from any other requirements of 13 law to prevent the perpetrator from committing additional acts of abuse. 14 3. Nothing in this title shall be construed to require the report of 15 information by a person required to report herein when such information 16 is otherwise privileged from disclosure by law. 17 § 429-b. Penalties for failure to report. 1. Any person required by 18 this title to report a case of suspected child abuse who willfully fails 19 to do so shall be guilty of a class A misdemeanor. 20 2. Any person required by this title to report a case of suspected 21 child abuse who knowingly and willfully fails to do so shall be civilly 22 liable for the damages proximately caused by such failure. 23 § 429-c. Immunity from liability. 1. Any person who in good faith 24 makes a report of allegations of child abuse as required by this title, 25 including those who in good faith make a report to the wrong recipient, 26 shall have immunity from criminal liability which might otherwise result 27 by reason of such actions. 28 2. Any person who reasonably and in good faith makes a report of alle- 29 gations of child abuse as required by this title, shall have immunity 30 from civil liability which might otherwise result by reason of such 31 actions. 32 § 429-d. Review of existing records for allegations that a child is an 33 abused child; district attorney; penalty. 1. Within three months of the 34 effective date of this section, all members of the clergy shall: (a) 35 review all institutional records within their control and any other 36 information they have obtained regarding allegations that a child is an 37 abused child by a member of the clergy within twenty years prior to the 38 effective date of this section; and (b) review whether they are aware of 39 any other allegations that a child is an abused child alleged to have 40 been abused by a member of the clergy who remains actively in the 41 service of a religious institution, regardless of the date on which such 42 allegation was made; and where such information or records raise reason- 43 able cause to suspect that a child is an abused child, report such alle- 44 gation to the district attorney. This section shall not apply to infor- 45 mation obtained through confidential communications with clergy and 46 privileged under law and no report need be made of allegations against a 47 deceased individual. 48 2. The willful failure of an individual defined in paragraph (a) of 49 subdivision one of section four hundred twenty-nine-a of this title to 50 review existing records and information and report allegations contained 51 therein, as provided by this section, shall be a class A misdemeanor. 52 § 7. The commissioner of the office of children and family services 53 shall review the reporting form used to report suspected child abuse 54 pursuant to section 429-a of the social services law, as added by 55 section six of this act, and, if necessary, shall revise such form to 56 make it appropriate for reporting to law enforcement agencies.S. 8736--A 10 1 § 8. The business corporation law is amended by adding a new section 2 113 to read as follows: 3 § 113. Child protection and criminal history searches. 4 Any corporation as defined by section one hundred two of this article 5 shall perform a criminal history search on all individuals that may work 6 or otherwise have reason in their duties to be engaged in unsupervised 7 activities with children under the age of eighteen; or individuals that 8 may participate in activities with children under the age of eighteen in 9 a setting without constant agency or parental oversight. 10 § 9. The not-for-profit corporation law is amended by adding a new 11 section 116 to read as follows: 12 § 116. Child protection and criminal history searches. 13 Any corporation as defined by section one hundred two of this article 14 shall perform a criminal history search on all individuals that may work 15 or otherwise have reason in their duties to be engaged in unsupervised 16 activities with children under the age of eighteen; or individuals that 17 may participate in activities with children under the age of eighteen in 18 a setting without constant agency or parental oversight. 19 § 10. The religious corporations law is amended by adding a new 20 section 28 to read as follows: 21 § 28. Child protection and criminal history searches. Any religious 22 corporation as defined by section two of this chapter shall perform a 23 criminal history search on all individuals that may work or otherwise 24 have reason in their duties to be engaged in unsupervised activities 25 with children under the age of eighteen; or individuals that may partic- 26 ipate in activities with children under the age of eighteen in a setting 27 without constant agency or parental oversight. 28 § 11. The cooperative corporations law is amended by adding a new 29 section 6 to read as follows: 30 § 6. Child protection and criminal history searches. Any cooperative 31 corporation as defined by section three of this article shall perform a 32 criminal history search on all individuals that may work or otherwise 33 have reason in their duties to be engaged in unsupervised activities 34 with children under the age of eighteen; or individuals that may partic- 35 ipate in activities with children under the age of eighteen in a setting 36 without constant agency or parental oversight. 37 § 12. Section 14 of part J of chapter 62 of the laws of 2003 amending 38 the county law and other laws relating to fees collected, as amended by 39 section 7 of part K of chapter 56 of the laws of 2010, is amended to 40 read as follows: 41 § 14. Notwithstanding the provisions of any other law: (a) the fee 42 collected by the office of court administration for the provision of 43 criminal history searches and other searches for data kept electron- 44 ically by the unified court system shall be sixty-five dollars; (b) 45 thirty-five dollars of each such fee collected shall be deposited in the 46 indigent legal services fund established by section 98-b of the state 47 finance law, as added by section twelve of this act, (c) nine dollars of 48 each such fee collected shall be deposited in the legal services assist- 49 ance fund established by section 98-c of the state finance law, as added 50 by section nineteen of this act, (d) sixteen dollars of each such fee 51 collected shall be deposited to the judiciary data processing offset 52 fund established by section 94-b of the state finance law, [and] (e) the 53 remainder shall be deposited in the general fund[.], and (f) provided, 54 however, if a criminal history search or other searches for data kept 55 electronically by the unified court system is being requested by or on 56 the behalf of a not-for-profit corporation, to perform a criminal histo-S. 8736--A 11 1 ry search on an individual that would be working with children under the 2 age of eighteen, the office of court administration shall, subject to 3 the approval of the director of the budget, establish protocols to reim- 4 burse the not-for-profit corporation for searches conducted and such 5 reimbursement shall come from the general fund. The division of budget 6 shall also promulgate regulations to prevent not-for-profit corporations 7 from over utilizing this reimbursement mechanism and to assure that all 8 reimbursed search fees are used for criminal history searches of posi- 9 tions that would have direct interaction with children. 10 § 13. The provisions of this act shall be severable, and if any 11 clause, sentence, paragraph, subdivision or part of this act shall be 12 adjudged by any court of competent jurisdiction to be invalid, such 13 judgment shall not affect, impair, or invalidate the remainder thereof, 14 but shall be confined in its operation to the clause, sentence, para- 15 graph, subdivision or part thereof directly involved in the controversy 16 in which such judgment shall have been rendered. 17 § 14. This act shall take effect on the one hundred eightieth day 18 after it shall have become a law.