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FILE — Senator Catharine Young, chair of the Finance Committee, questions New York City Mayor Bill de Blasio during the New York State Legislature joint budget hearing on Monday, January 30, 2017, in Albany, N.Y. (Paul Buckowski / Times Union)
lessFILE — Senator Catharine Young, chair of the Finance Committee, questions New York City Mayor Bill de Blasio during the New York State Legislature joint budget hearing on Monday, January 30, 2017, in Albany,
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Susan Lerner, executive director of Common Cause speaks during a budget rally on Wednesday, March 28, 2018, at the Capitol in Albany, N.Y. Advocates from Citizen Action, Common Cause, Coalition to Pass the Child Victims Act, Fiscal Policy Institute, New York Civil Liberties Union, Planned Parenthood Empire State Acts, New York State Council of Churches, and other groups, gathered for a joint rally in support of various items tied to the state budget. (Will Waldron/Times Union)
lessSusan Lerner, executive director of Common Cause speaks during a budget rally on Wednesday, March 28, 2018, at the Capitol in Albany, N.Y. Advocates from Citizen Action, Common Cause, Coalition to Pass the
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Rev. Peter Cook, executive director of the New York State Council of Churches, upper left, watches as Kat Sullivan, who says she was sexually abused and raped by a teacher at Troy's Emma Willard school 20 years ago, right, speaks while advocating for the Coalition to Pass the Child Victims Act on Wednesday, March 28, 2018, during a budget rally at the Capitol in Albany, N.Y. Advocates from Citizen Action, Common Cause, Coalition to Pass the Child Victims Act, Fiscal Policy Institute, New York Civil Liberties Union, Planned Parenthood Empire State Acts, New York State Council of Churches and others gathered for a joint rally in support of various items tied to the state budget. Cook is ordained in the United Church of Christ. (Will Waldron/Times Union)
lessRev. Peter Cook, executive director of the New York State Council of Churches, upper left, watches as Kat Sullivan, who says she was sexually abused and raped by a teacher at Troy's Emma Willard school 20 years
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Kat Sullivan, a survivor of child sex abuse, holds a press conference near her new billboard calling out Senator George Amedore for not supporting the Child Victims Act, on Monday, April 16, 2018, in Albany, N.Y. The billboard, seen in the background, is located along Interstate 787. (Paul Buckowski/Times Union)
lessKat Sullivan, a survivor of child sex abuse, holds a press conference near her new billboard calling out Senator George Amedore for not supporting the Child Victims Act, on Monday, April 16, 2018, in Albany,
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Kat Sullivan, who says she was sexually abused and raped by a teacher at Troy's Emma Willard school 20 years ago, advocates for the Coalition to Pass the Child Victims Act on Wednesday, March 28, 2018, during a budget rally at the Capitol in Albany, N.Y. Advocates from Citizen Action, Common Cause, Coalition to Pass the Child Victims Act, Fiscal Policy Institute, New York Civil Liberties Union, Planned Parenthood Empire State Acts, New York State Council of Churches and other groups gathered for a joint rally in support of various items tied to the state budget. (Will Waldron/Times Union)
lessKat Sullivan, who says she was sexually abused and raped by a teacher at Troy's Emma Willard school 20 years ago, advocates for the Coalition to Pass the Child Victims Act on Wednesday, March 28, 2018, during a
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Rev. Peter Cook, executive director of the New York State Council of Churches, speaks during a budget rally on Wednesday, March 28, 2018, at the Capitol in Albany, N.Y. Advocates from Citizen Action, Common Cause, Coalition to Pass the Child Victims Act, Fiscal Policy Institute, New York Civil Liberties Union, Planned Parenthood Empire State Acts, New York State Council of Churches and other groups gathered for a joint rally in support of various items tied to the state budget. Cook is ordained in the United Church of Christ. (Will Waldron/Times Union)
lessRev. Peter Cook, executive director of the New York State Council of Churches, speaks during a budget rally on Wednesday, March 28, 2018, at the Capitol in Albany, N.Y. Advocates from Citizen Action, Common
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Former child actor Corey Feldman, who says he was sexually molested as a young teen, speaks at the State Capitol in Albany, N.Y., on Wednesday, March 14, 2018, in support childhood sex abuse victims and their decade-long effort to get the New York state Senate to pass the Child Victims Act. (Skip Dickstein/The Albany Times Union via AP)
lessFormer child actor Corey Feldman, who says he was sexually molested as a young teen, speaks at the State Capitol in Albany, N.Y., on Wednesday, March 14, 2018, in support childhood sex abuse victims and their
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Electronic billboard along I787 calls for the passage of the Child Victims Act Saturday March 24, 2018 in Albany, NY. (John Carl D'Annibale/Times Union)
Electronic billboard along I787 calls for the passage of the Child Victims Act Saturday March 24, 2018 in Albany, NY. (John Carl D'Annibale/Times Union)
Photo: John Carl D'Annibale
Bridie Farrell, Olympic athlete and childhood sexual abuse survivor, speaks during a press conference where advocates urged for passage of the Child Victim's Act on Monday, June 19, 2017, at the Capitol in Albany, N.Y. (Will Waldron/Times Union)
lessBridie Farrell, Olympic athlete and childhood sexual abuse survivor, speaks during a press conference where advocates urged for passage of the Child Victim's Act on Monday, June 19, 2017, at the Capitol in
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Model, and actress turned author Nikki DuBose urges passage of the Child Victims Act outside the Senate Parlor as the 2017 session of the NYS Legislature begins Wednesday Jan. 4, 2017 in Albany, NY. (John Carl D'Annibale / Times Union)
lessModel, and actress turned author Nikki DuBose urges passage of the Child Victims Act outside the Senate Parlor as the 2017 session of the NYS Legislature begins Wednesday Jan. 4, 2017 in Albany, NY. (John
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Child Victims Act advocates, from left, Cari Gardner, Gary Greenberg and Judy Russo hold a news conference calling for legislative action at the Legislative Office Building Tuesday Jan. 2, 2018 in Albany, NY. (John Carl D'Annibale / Times Union)
lessChild Victims Act advocates, from left, Cari Gardner, Gary Greenberg and Judy Russo hold a news conference calling for legislative action at the Legislative Office Building Tuesday Jan. 2, 2018 in Albany, NY.
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Members of a coalition from across the state urge legislative members to pass the Child Victims Act legislation at the state Capitol during the last day of the legislative session on Wednesday, June 21, 2017, in Albany, N.Y. (AP Photo/Hans Pennink)
lessMembers of a coalition from across the state urge legislative members to pass the Child Victims Act legislation at the state Capitol during the last day of the legislative session on Wednesday, June 21, 2017,
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Senate Republicans propose Child Victims Act compromise
ALBANY - State Senate Republicans proposed legislation on Thursday that would compensate victims of child sex abuse with public money in lieu of payoffs from perpetrators or institutions where the crimes may have occurred.
The bill from Sen. Catharine M. Young, R-Cattaraugus County, would end the statute of limitations for the criminal prosecution of certain sexual offenses and provide restitution for child victims using a $300 million asset forfeiture fund controlled by the Manhattan district attorney's office, according to a press release.
Gary Greenberg, an outspoken child sex abuse survivor who helped craft the legislation, described the proposal as a positive first step.
"It's the first time that the Republicans have put anything on the table that will actually compensate victims ... it's progress," he said.
The Democratic-controlled state Assembly and Gov. Andrew Cuomo have offered their own, similar versions of a Child Victims Act, as it's been called, but their proposals were left behind in the recent state budget negotiations with the Senate Republicans.
For years, the breakdown has centered on the desire by advocates for a one-year look back window for victims to bring civil claims in cases where New York's statute of limitations has expired.
The measure unveiled Thursday by Senate Republicans, who have long opposed the look-back provision, is the first time they have offered a compromise. Under their plan, civil claims that would be paid from the dedicated fund could be made without any time restrictions but undergo a review process that would include hearing officers with investigative powers and experience in sexual abuse cases.
A claims administrator would make awards based on economic conditions, such as medical expenses and lost income, and non-economic factors, including physical impairment or the loss of life enjoyment, according to the bill. The claims administrator would also consider the type of abuse and age of the victims.
The bill doesn't allow for punitive damages and a victim would have no recourse to appeal a ruling to an outside court.
The limitations include not allowing individuals to file a claim if they were already compensated for their abuse or qualify for traditional legal recourse.
Sen. Brad Hoylman, a Manhattan Democrat, said the legislation would misuse the Manhattan district attorney's asset forfeiture fund. "Those settlement funds are specified to be used for criminal justice investment and public safety, not for civil settlements," he said, adding that the money in the forfeiture fund had already been directed to other projects.
Young defended the use of the money, saying there is a long history of the state using funds in this fashion and that the use could be characterized as a criminal justice initiative.
The Manhattan district attorney's office did not immediately respond to a request for comment.
Hoylman supports legislation that lets victims sue their abusers or institutions even if the current statute of limitations has expired. But under the Senate Republican's plan, there would be no litigation and therefore no potential public accounting of the past abuses.
"This is taxpayer-funded hush money they're proposing," Hoylman said.
Young disagreed with that characterization of the proposal and urged Hoylman to work toward a bipartisan solution for victims.
Greenberg said the new fund would be beneficial for victims abused by individuals who may not have the assets to pay an appropriate financial penalty. "This fund would give those victims an opportunity," he said, while acknowledging it would allow institutions and wealthy individuals to avoid making additional payouts.
The legislation calls for the fund to be replenished on an annual basis. The bill also makes a "member of the clergy" a required reporter of sex abuse.
Asked about the legislation before the text was available, Cuomo voiced his support for the Child Victims Act legislation advanced in his budget.
Heading into November, Greenberg, who created a political action committee to support candidates advancing the CVA, said he will hold politicians from both parties accountable if a version of the law isn't enacted before the legislative session ends in six weeks.
David.Lombardo@timesunion.com - 518.454.5427 - @poozer87
https://www.timesunion.com/news/article/Senate-Republicans-propose-Child-Victims-Act-12905027.php
