Legislature Passes New York Child Victims Act
Wednesday, February 6, 2019
The Legislature has passed the New York Child Victims Act. The bill has not yet been sent to the Governor for signature, but the Governor has voiced his support. This proposed law will change the statute of limitations for both criminal and civil child sexual abuse cases in New York.
For criminal cases, the Child Victims Act eliminates the statute of limitations on criminal prosecutions of persons who abused children.
For civil cases, the Child Victims Act allows victims to bring civil cases 50 years from the sexual assault. In addition, there will be a one-year look back period (“window”) that allows victims to bring civil cases who under the current law cannot do so. That means that during the “window” victims of childhood sexual abuse may bring lawsuits no matter when the abuse occurred.
Private and public entities are treated in the same manner under the Child
Victims Act. Under current law, plaintiffs suing public entities have a shorter statute of limitations period because they are required to give notice to sue within 90 days of the assault.
ASBO expects the bill if enacted to have an impact on the budgets of school districts and may affect their insurance policies.