Rebel dems back lifting abuse-law limit

ALBANY — The five members of a breakaway group of state Senate Democrats say they will support new legislation to help adults who were sexually abused as children seek legal recourse, the Daily News has learned.

“As we’ve said for years, the only way to achieve true justice for victims of child abuse is to eliminate the statute of limitations for both civil and criminal penalties,” said Senate Independent Democratic Conference Leader Jeffrey Klein of the Bronx.

But a number of Senate Republicans — as well as several mainline Democrats — refused to back the comprehensive bill introduced last week by Sen. Brad Hoylman (D-Manhattan) and Senate Minority Leader Andrea Stewart-Cousins (DYonkers).

But they did say they expect talks before the end of the legislative session in June on how best to address the issue.

Senate GOP Majority Leader John Flanagan said he will review Hoylman’s bill with his conference. But he also argued that Senate Republicans have passed legislation to remove the criminal statute of limitations for serious, violent felony sexual offenses and to extend the time frame in which people can bring civil lawsuits based on those cases.

“There’s no question that more can be done, and the Senate is going to lead the way, whether it’s eliminating the statute of limitations for all felony sex crimes against minors or extending the civil statute of limitations to mirror this extension for those who perpetrate these crimes,” Flanagan, of Long Island, said. “This is an extraordinarily serious issue, and it’s why I am committed to working with my colleagues to address it in a thoughtful and meaningful way.”

But Flanagan did not say whether his house would support extending the time a victim can bring a civil lawsuit where there were no criminal charges filed.

The Hoylman bill, which so far has 12 Democratic sponsors and four more Dems supporting it, would do away with the statute of limitations to bring criminal cases or civil lawsuits in cases involving adults who were abused as children. Currently, a victim can only sue up until the age of 23.

It would remove a provision in the law that requires those abused in public institutions like schools to file an intent to sue with the government entity within 90 days of the incident.

And it includes a one-year lookback that gives victims where the statute of limitations has expired under current law a one-year window to bring a civil lawsuit — a provision many Republicans and some Democrats oppose.

The Daily News reached out to every member of the 62-member Senate who has not already signed on as a co-sponsor of the bill.

Twenty-one did not respond. Of the rest, 21 senators support the legislation — including the original 12 co-sponsors — two oppose it and 18 were noncommittal.

It takes 32 votes to pass a bill in the Senate.

Sens. Kemp Hannon (R-Nassau County) and Neil Breslin (DAlbany) said they oppose the bill because they don’t believe in doing away entirely with statuteof-limitation provisions that cap how long a criminal or civil case can be brought.

“As a lawyer, I believe in the statute of limitations,” Breslin said. “I believe in evidence getting stale, people dying, people’s recollections of facts grow old, and it’s difficult to remember. It affects a defendant’s right to get a fair trial — criminal or civil.”

Senate Deputy GOP Majority Leader John DeFrancisco of Syracuse, also a lawyer, didn’t call back but recently made a similar argument to The News.

Hannon said rather than have a “one-year unlimited free-for-all that the Hoylman bill has for civil suits,” the state should address getting counseling and other services to those who were abused.

Mainline Senate Dems Adriano Espaillat (DManhattan), Ruth Hassell-Thompson (D-Westchester County) and Toby Ann Stavisky (DQueens) aren’t listed as co-sponsors on the Hoylman bill but say they will back it.

“It’s an issue that’s got to be addressed,” Stavisky said. “It’s taken a long time to reach this point. Hopefully, this can be a compromise that everybody can accept.”

But not all Democrats are on board.

Sen. Ruben Diaz (D-Bronx) wants to see where the Catholic Church and Jewish groups stand before taking a position.

And an aide to Sen. Kevin Parker (D-Brooklyn) said the senator, whose district includes heavily Orthodox Jewish Borough Park, has yet to take a position on the bill.

Meanwhile, a host of Senate Republicans were also noncommittal, saying they have not had time to review the Hoylman bill, which was introduced last week just before the Legislature began a nearly three-week break.