The bills pending in the state legislature which VOTF-LI supports are:
Senate
S477 (formerly S02947) - Saland -AN ACT to amend the social services law, in relation to the reporting of child abuse.

Assembly
A912 (formerly A01516) - (McEneny et al) - AN ACT to amend the social services law, in relation to the reporting of child abuse and providing for the repeal of certain provisions relating thereto.

(1) Mandatory reporters of child abuse are those professionals likely to have contact with a child (health and social services professionals, law enforcement officers, etc.).

(2) Reports are directed to the Social Services department.

(3) An abused child is one who is abused by parent, guardian or legal custodian.

1) Mandatory Reporters are expanded to include Members of the clergy. The confessional privilege is preserved.

(2) Reports by the Mandatory Reporters must also go to law enforcement agencies when the reporter has reasonable cause to suspect in his/her professional or official capacity that "child abuse" has occurred.

(3) As noted below, the definition of child abuse is dramatically enlarged.

A. Either a person 19 years or older who engages in the child abuse conduct described under "Child Abuse" below with a person less than 14 years old;or

B. a person 21 years or older who engages in the proscribed conduct with a person less than 17 years old where the adult "HAS AUTHORITY, PERCEIVED AUTHORITY, SUPERVISORY OR DISCIPLINARY POWER OVER THE PERSON LESS THAN SEVENTEEN YEARS OLD BY VIRTUE OF HIS OR HER CLERICAL, LEGAL, PROFESSIONAL, OCCUPATIONAL OR VOCATIONAL STATUS;"

"B) THE FOLLOWING CONDUCT, IF COMMITTED BY A PERSON DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION SHALL, FOR THE PURPOSES OF THIS SECTION, CONSTITUTE "CHILD ABUSE" AND SHALL REQUIRE A REPORT:
(I) INTENTIONALLY OR RECKLESSLY INFLICTING PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH, OR
(II) INTENTIONALLY OR RECKLESSLY ENGAGING IN CONDUCT WHICH CREATES A SUBSTANTIAL RISK OF SUCH PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH, OR
(III) COMMITTING OR ATTEMPTING TO COMMIT AGAINST A CHILD THE CRIME OF DISSEMINATING INDECENT MATERIALS TO MINORS PURSUANT TO ARTICLE TWO HUNDRED THIRTY-FIVE OF THE PENAL LAW ("Obscenity and Related Offenses", Ed. note), OR
(IV) ENGAGING IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY ("Sex Offenses", Ed. note)OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW ("Sexual Performance by a Child", Ed. note).

(4)The bill also provides penalties for failure to report, and immunity in cases of good faith reporting errors.

(5) Also required under the bill is a search of church records covering the past 20 years for allegations of child abuse, and a search for and report of any information of that kind regardless of date, involving clergy still in active ministry.

(1) Mandatory Reporters expansion: Same as Saland bill.

(2) Report to Law Enforcement - Reporters:essentially same as Saland. Some differences in those required to report, but both include clergy.

The Child Abuser: The Mandatory Reporters

Child Abuse:

"FOR THE PURPOSES OF THIS SECTION THE TERM "ABUSED CHILD" SHALL MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS UPON WHOM A PERSON EIGHTEEN YEARS OF AGE OR MORE WHO IS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION (the mandatory reporters, Ed. note) AND WHO IS NOT THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD`S CARE:
(I) INTENTIONALLY OR RECKLESSLY INFLICTS PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH, OR
(II) INTENTIONLLY OR RECKLESSLY ENGAGES IN CONDUCT WHICH CREATES A SUBSTANTIAL RISK OF SUCH PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR DEATH, OR
(III) COMMITS OR ATTEMPTS TO COMMIT AGAINST A CHILD THE CRIME OF DISSEMINATING INDECENT MATERIALS TO MINORS PURSUANT TO ARTICLE TWO HUNDRED THIRTY-FIVE OF THE PENAL LAW, OR
(IV) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW. "

There are significant differences in the definition of child abuse.

For further descriptions and links to actual bill texts, click here.

Latest Word (from Joe Kern)

Last December, both bills (senate and assembly) expired. They both were re-introduced in January: Assembly #912 and Senate #477.

The good news is that they were re-introduced promptly in the new year indicating the priority given to this issue. The bad news is that they are identical to the bills of last year and further that there has been no negotiation between the chambers to move to a single bill. Other developments: The Albany Times Union newspaper recently ran an editorial urging movement on this issue...then endorsed the senate bill. This got the attention of law makers and everywhere I went, Voices is known and the issue immediately recognized as "hot".

Four organizations have promptly opposed the Senate Bill. They all endorse the concept of clergy reporting; but object to Page 3, lines 4-18 of the senate bill which requires reporting of sexual behavior by different groups of young people. This whole section was at the suggestion of the executive branch. The Assembly will never agree...Never! Action: The senate reported out it's bill (despite opposition) and it is slated to be passed in the senate this week. The assembly will move theirs along and it should also pass easily.

Next steps: Once they pass both houses, the leadership can order a reconciliation process begin to rectify differences. McEneny has already spoken to Silver to set the stage for the upcoming battle. So, VOTF-LI will track the process and when appropriate go on red alert for visits, letters, etc....

To read the opposition memos, Click Here