Res. No. 1572
Resolution calling on the New York State Senate to pass S.4614-A, which would help protect children from sexual predators.
By Council Members James, Dickens, Felder, Liu, Palma and Stewart
Whereas, Sex crimes, particularly those committed against children, are among the most heinous and deeply disturbing crimes in our society, and
Whereas, Sex crimes leave life-long scars that profoundly impact victims, leading to long-term mental and emotional trauma; and
Whereas, New York State Assemblywoman Margaret Markey introduced A.4560, which has since been amended to A.4560-B (Windows Legislation), during the Assembly’s 2007-2008 regular session; and
Whereas, The Windows Legislation would amend the New York State Criminal Procedure Law to increase the criminal statute of limitation for certain sex offenses committed against a child under the age of eighteen; and
Whereas, The period of limitation would not begin to run until the earlier of (i) the child reaching the age of twenty-three (ii) the offense being reported to a law enforcement agency; or (iii) the offense being reported to the statewide central register of child abuse and maltreatment; and
Whereas, The Windows Legislation would also amend the New York State Civil Practice Law and Rules by extending the civil statute of limitation by five years so that it would not begin to run until the victim turned twenty-three years of age; and
Whereas, This would extend the time for civil prosecution until the victim reached the age of twenty-eight; and
Whereas, The Windows Legislation would give a one-year “window period” from the date of the bill’s enactment to those people for whom the right to bring civil action has been foreclosed because of the current civil statute of limitations, regardless of the victim’s age; and
Whereas, The Windows Legislation was passed out of the Assembly on June 4, 2007 and delivered to the Senate on the same date; and
Whereas, New York State Senator Stephen M. Saland introduced companion bill S.4614-A; and
Whereas, S.4614-A would provide a remedy for those whose lives have been unalterably changed by the horror of childhood sexual abuse and would allow victims to seek justice that they have been denied; now, therefore, be it
Resolved, That the Council of the City of New York calls on the New York State Senate to pass S.4614-A, which would help protect children from sexual predators.
WJH
LS# 4322
2/20/08