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Wednesday, March 18, 2009

Panel advances bill on lapsed abuse cases 

A bill that would allow for the reopening of lapsed cases of sexual abuse of children is moving to both legislative chambers despite strong opposition from religious organizations fearing bankruptcy if alleged victims get an extension on the statute of limitations to sue.

The Codes Committee of the Assembly passed the measure Tuesday, meaning it will be sent to the general body soon, and the Democrat-controlled Senate companion piece gained more sponsors, including the head of that chamber's Codes Committee, Sen. Eric Schneiderman.

The bill creates a one-year window of opportunity to revive a "dead" case if the claim comes with a certificate from a professional, such as a psychologist, who opines that the alleged victim probably was subjected to one or more acts of child sexual abuse.

The legislation, which was put forward by Assemblywoman Margaret M. Markey, D-Queens, and Sen. Thomas Duane, D-Manhattan, also calls for extending the civil statute of limitations for an injury or condition as a result of the felony of incest or use of a child in a sex act. Such suits would be permissible under the new law if filed five years after a person turns 23, instead of five years after turning 18, as is the case now.

The measure passed 11-8 in the Codes Committee, much closer than in the past, with mostly GOP opposition but also some no votes from the Democratic majority.

http://timesunion.com/AspStories/story.asp?storyID=780989

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