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  S.B. 17 Passes without 'Look-Back' Period

The Catholic Telegraph
April 13, 2006

http://www.catholiccincinnati.org/tct/apr0706/040706look-back.html

ARCHDIOCESE - Members of the Ohio Senate approved a bill that extended reporting time for sexual abuse crimes from two to 20 years and strengthened the requirements for church officials to report suspected incidents of abuse by clergy and church employees and volunteers.

Before passing State Bill 17, however, the legislature removed a hotly debated "look-back" period for persons to file lawsuits for incidents that may have occurred decades ago.

The bill passed in the House by a vote of 77-16 and in the Senate by a vote of 18-13 on March 29.

The bill passed the Ohio Senate unanimously last year but has been stalled in the House judiciary committee amid debate between victims' advocates and the Catholic Conference of Ohio over the look-back period.

The Catholic Conference of Ohio had supported S.B. 17 with the exception of the look-back period provision. Retired Detroit Auxiliary Bishop Thomas Gumbleton, who came forward late last year with the story of his own abuse at the hands of a Detroit diocesan priest, testified in favor of the bill and the provision, as did 40 other individuals.

The proposed look-back period would have permitted victims to file suits as much as 35 years after abuse occurred for a period of one year.

Earlier this year a hearing was held to focus on the constitutional questions posed by the bill, specifically involving the proposed look-back period, which would have permitted victims to file suits as much as 35 years after abuse occurred for a period of one year.

As passed, S.B. 17 will allow victims to petition courts for a "Declaratory Judgment" placing the names of declared abusers on the Attorney General's website of sexual offenders. Other changes were made related to tougher penalties, fraudulent concealment, changing the future statute of limitations to age 30 and new restrictions on known abusers.

In a statement March 30, the board of directors of the Catholic Conference of Ohio said it supported S.B. 17 as approved, adding it believes "that the substitute bill focuses on protecting children from sexual abuse now and in the future."

The bill imposes on the clergy a separate mandatory requirement to report abuse or neglect of a child. The bill specifically requires clergy and other official representatives of the church other than volunteers to report to local authorities the name of a clergyperson if it is known or there is reasonable cause to believe that another clergyperson caused or poses a threat of causing abuse or neglect of a child.

Other key provisions:

S.B.17 clarifies that the criminal statute of limitations for child abuse does not begin to run until the victim reaches the age of majority or until the public children services agency or peace officer has been notified of the suspected abuse;

It extends the statute of limitations for filing a civil lawsuit against alleged abusers for child sexual abuse that occurs after the effective date of the bill. Individuals will have 12 years past the age of majority (until age 30), instead of the current 2 years (until age 20);

It prohibits a person listed in the registry from establishing or occupying a residence within one thousand feet of any school premises;

It requires the local sheriff to notify persons living within one thousand feet of the registrant's residence that a person listed in the registry is living within the neighborhood;

It requires the local sheriff to notify the following persons of individuals listed in the registry: the county's public children's services agency, the superintendents of public schools in the county, the chief administrative officer of each nonpublic school, director of each preschool program, administrator of each child day-care center or family day-care home and chief administrative officer of each institution of higher education in the county;

If it is found that a defendant has fraudulently concealed pertinent information from the victim, the running of the statute of limitations is stopped until the claimant discovers or in the exercise of due diligence should have discovered the concealed facts.

It requires Ohio's occupational licensing boards to consider a person's listing on the civil registry in issuing licenses;

Whoever fails to report known child abuse or neglect by someone employed by the church is guilty of a first-degree misdemeanor;

It expands the offense of "sexual battery" to prohibit a member of the clergy from engaging in sexual conduct with a minor, who is a member of the church served by the member of the clergy.

S.B. 17 now moves to Gov. Bob Taft's office for signature.

On March 30, two Cincinnati residents filed a lawsuit that accuses several state legislators of making an illegal behind-the-scenes deal before the vote.

Konrad Kircher, the attorney for Christy Miller and Dan Frondorf, co-leaders of the local chapter of SNAP (Survivors Network for those Abused by Priests), filed a suit claiming that members of the House Judiciary Committee held closed-door meetings before the March 28 House vote. The suit seeks a court order barring the governor from signing the bill into law.

Members of the committee deny any wrongdoing, with Green Township Rep. Bill Seitz terming the action "a spite lawsuit." If the suit is one, the bill would return to the House and Senate for another vote.

 
 

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