Buffalo, N.Y. (WBEN) - State Assemblyman Pat Burke is calling on New York Gov. Kathy Hochul to use the upcoming state budget to expand the New York State Police's authority and resources to investigate sexual abuse and assault involving powerful institutions.
Citing years of clergy sexual abuse and alleged cover-ups within the Diocese of Buffalo, as well as renewed questions surrounding the handling of the high-profile sexual assault case at Cornell University, Burke's legislation - the Institutional Sexual Assault Accountability Act - will establish a specialized statewide investigative mandate, strengthening survivor reporting and creating a new felony for knowingly concealing the sexual abuse of children.
"Whether it's a church, a university or any other powerful institution, the fundamental question always seems to be the same: Who knew what, when did they know it, and what did they do about it?" said Burke during Wednesday's announcement of his bill. "For too long, survivors have been left fighting institutions with enormous resources and every incentive to protect themselves. The governor has an opportunity to give the State Police the tools and resources to investigate these cases properly, and I'm calling on her to make that a priority in the upcoming budget."
Burke's proposal would expand the mission and resources of the existing New York State Police Sexual Assault Victims Unit. The expanded unit would be equipped to investigate allegations involving multiple victims, crossing jurisdictional boundaries or spanning decades, including:
- Institutional failures to report abuse and concealment or suppression of evidence;
- Protection or transfer of alleged perpetrators;
- Retaliation against survivors or witnesses;
- Other potentially criminal institutional conduct.
The legislation would also establish specialized training in trauma-informed interviewing, institutional records and complex investigations; allow survivors to report directly to State Police without first contacting the institution involved; and require public reports following substantial investigations, with appropriate protections for survivors and confidential information.
Burke's bill would also create a new felony offense for knowingly concealing the sexual abuse or assault of minors, applicable to individuals and institutions, and eliminate the statute of limitations for prosecuting that offense.
While the governor could advance the proposed investigative expansion and funding through the state budget, creation of the new felony would require separate legislative action.
Burke's proposal also continues efforts to demand accountability from the Catholic Diocese of Buffalo. In 2018, he became the first elected official to call for Bishop Richard Malone's resignation amid revelations about the Diocese's handling of clergy sexual abuse.
In July, following the federal arrest of priest Jeffrey Nowak, Burke formally requested a comprehensive State Police criminal investigation into the Diocese as an institution. Burke’s legislation is informed by conversations with State Police leadership and criminal investigators.
The proposal also addresses questions surrounding campus sexual violence raised by the Cornell University case, including the need for specialized investigative resources independent of the institutions involved.
"We cannot keep treating every new allegation as though it exists in a vacuum," Burke said. "Investigators need to be able to follow the evidence wherever it leads, including into the offices of the people who made the decisions, handled the complaints and controlled the information. That's what I've been demanding in Buffalo, and it's what New York should be doing statewide."
While Burke intends to introduce and carry the legislation when the Legislature reconvenes in January, he feels the state should not wait for the full legislative process to begin strengthening its investigative capabilities.
"Survivors shouldn't have to depend on the institution they're accusing to determine whether their allegations deserve a serious investigation," Burke explained. "I'm going to introduce this legislation and fight to get it passed, but Gov. Hochul can accomplish much of this through the state budget. That's the most direct path forward."
