BUFFALO, N.Y. (WBEN) - Monday's vote by the assembly and state senate on the Child Victim's Act is expected to pass without significant opposition.
The act, which will extend the statute of limitations for criminal cases from 23 to 28 and ability for a victim to bring forward a civil suit until the age of 55, consistently passed in the assembly over the years but failed to pass in the republican controlled senate.
Two things changed, according to Assemblyman Sean Ryan:
"One is we have democratic control of the senate," Ryan, a democrat, noted while noting the second was the clergy sex abuse scandal emerging from the Diocese of Buffalo. "No longer could the Catholic bishops lobby us and say this scandal is in the past, it's history, it's all out there. We learned from the Buffalo scandal and cover up that it's not all out there and there are still victims of abuse that are known by dioceses across the state. We know the scandal is not in the rear view mirror."
State Senator Chris Jacobs, a republican, said he plans to support the legislation if it's crafted in its current form.
"We had some legislation last year to deal with victims of abuse that were not in an institution," Jacobs noted. "90 percent of abuse victims are from family members or neighbors or babysitters or others. There's no way to compensate them the way the Child Victim's Act is written right now. That's another thing we need to look at to make sure we help all victims."
Erie County District Attorney John Flynn said the passage of the bill will let people know in the future that they will be prosecuted because they have more of a timeframe to bring forward charges.
"If you're not beyond (the statute of limitations) that will be a viable prosecution for me," Flynn said.
Flynn believes there should be no statute of limitations but said that extending it to 28 is better than nothing.
Buffalo Bishop Richard Malone issued the following statement last week ahead of the planned vote Monday
"I will not comment on the Child Victims Act (CVA) until we can review the bill's language. My fellow Bishops and I agree that we would remove opposition to the bill if it was fairly applied to all, meaning equally applied to public entities. We continue to pray and work with victims of abuse to achieve healing."
