In the midst of the clergy sex abuse scandal that's rocked the Catholic Diocese of Buffalo, State Senator Patrick Gallivan is proposing a new law to help protect children from those crimes in the future.
"When you see the names that the diocese has released, many of my constituents, me personally, I know a number of these priests and I'm very troubled," he said.
Gallivan has introduced the Child Victims and Protection and Accountability Act. It would require priests and other church officials report suspicions of abuse against a minor to law enforcement, just as many others are legally obligated to do.
"Teachers are mandatory reporters of child sexual abuse. Doctors. Child psychologists,” he said. “Many people in professions that come in contact with children are mandatory reporters. Members of the clergy are not and it's important that this change be made.”
Erie County District Attorney John Flynn and other DAs in Western New York have an agreement with the Diocese of Buffalo that the Diocese will report abuse cases. Gallivan's law would eliminate the need for that.
"We have serious problem that we are seeing play out not only in our diocese but across the county and across the world, quite frankly,” Flynn said. “It needs to be addressed and Senator Gallivan's bill addresses everything that I'm concerned about.
The law would also eliminate the five-year statute of limitations for prosecuting certain sex crimes against minors, and extend the time a child abuse victim can file a civil lawsuit to the age of 50.
The legislation would provide protection for whistleblowers who work in non-profit organizations like the churches, so they can come forward to report possible wrongdoing without fear of punishment from their employers.
"I spoke with the Bishop [Richard Malone] yesterday to make him aware of what was being presented today. He expressed support for every piece of this. And my office in Albany spoke with representatives of the State Catholic Conference who expressed no objection to this," Gallivan said.
It's important to note Gallivan's legislation would not apply to past victims outside of the statute of limitations.
It does not include a so-called "look-back window" proposed in the separate Child Victims Act, where those who were abused could come forward and sue their abusers. Catholic leadership has lobbied against that idea in Albany.
Gallivan wants to see the results of the state attorney general's investigation into clergy abuse before tackling that issue.
"To get a handle on exactly who has been aggrieved in the past and how best to deal with making victims whole," he said.
Gallivan expressed his desire to have this legislation protect children who are abused by anyone, not just priests.