S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9190
 
                             I N  S E N A T E
 
                             November 7, 2018
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the criminal procedure law and the  civil  practice  law
   and  rules,  in relation to the period of limitation for certain child
   abuse cases; to amend the general municipal law, the court  of  claims
   act and the education law, in relation to certain notices of claim and
   commencement  of  certain  actions; and to amend the judiciary law, in
   relation to requiring that the office of  court  administration  shall
   provide  training  for  judges  and  justices  with  respect to crimes
   involving sexual abuse  of  minors  (Part  A);  to  amend  the  social
   services  law,  in  relation to reports of child abuse to law enforce-
   ment; and to amend the penal law, in relation to falsely reporting  an
   incident  in the third degree (Part B); and to amend the labor law, in
   relation to prohibiting retaliatory personnel action by  employers  of
   corporations formed other than for profit (Part C)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "child
 victims protection and accountability act".
   §  2.  This  act enacts into law major components of legislation which
 are necessary to implement procedures related to victim  protection  and
 accountability. Each component is wholly contained within a Part identi-
 fied  as  Parts  A  through  C.  The  effective date for each particular
 provision contained within such Part is set forth in the last section of
 the Part. Any provision in any section contained within a Part,  includ-
 ing the effective date of the Part, which makes a reference to a section
 "of  this  act", when used in connection with that particular component,
 shall be deemed to mean and refer to the corresponding  section  of  the
 Part  in  which  it  is  found.  Section four of this act sets forth the
 general effective date of this act.
 
                                  PART A

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16681-02-8
              

 S. 9190                             2
 
   Section 1. Paragraph (f) of subdivision 3  of  section  30.10  of  the
 criminal  procedure  law, as separately amended by chapters 3 and 320 of
 the laws of 2006, is amended to read as follows:
   (f)  [For  purposes  of a] A prosecution involving a sexual offense as
 defined in article one hundred thirty of the penal  law,  other  than  a
 sexual  offense  delineated  in paragraph (a) of subdivision two of this
 section, committed against a child less  than  eighteen  years  of  age,
 incest  in  the  first,  second  or  third degree as defined in sections
 255.27, 255.26 and 255.25 of the penal law  committed  against  a  child
 less  than eighteen years of age, or use of a child in a sexual perform-
 ance as defined in section 263.05 of the penal law[, the period of limi-
 tation shall not begin to run until the child has  reached  the  age  of
 eighteen  or  the  offense  is  reported  to a law enforcement agency or
 statewide central register of child abuse  and  maltreatment,  whichever
 occurs earlier] MAY BE COMMENCED AT ANY TIME.
   §  2.  The  opening paragraph of section 208 of the civil practice law
 and rules is designated subdivision (a) and a  new  subdivision  (b)  is
 added to read as follows:
   (B)  NOTWITHSTANDING  ANY  PROVISION  OF LAW WHICH IMPOSES A PERIOD OF
 LIMITATION TO THE CONTRARY, WITH RESPECT TO ALL CIVIL CLAIMS  OR  CAUSES
 OF  ACTION  BROUGHT  BY  ANY PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER
 INJURY OR CONDITION SUFFERED BY SUCH PERSON AS A RESULT OF CONDUCT WHICH
 WOULD CONSTITUTE A SEXUAL OFFENSE AS  DEFINED  IN  ARTICLE  ONE  HUNDRED
 THIRTY  OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN
 EIGHTEEN YEARS OF AGE, INCEST AS DEFINED IN SECTION  255.27,  255.26  OR
 255.25  OF THE PENAL LAW COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN
 EIGHTEEN YEARS OF AGE, OR THE USE OF SUCH PERSON IN A SEXUAL PERFORMANCE
 AS DEFINED IN SECTION 263.05 OF THE PENAL LAW, OR A PREDECESSOR  STATUTE
 THAT  PROHIBITED  SUCH CONDUCT AT THE TIME OF THE ACT, WHICH CONDUCT WAS
 COMMITTED AGAINST SUCH PERSON WHO WAS LESS THAN EIGHTEEN YEARS  OF  AGE,
 SUCH  ACTION  MAY  BE  COMMENCED, AGAINST ANY PARTY WHOSE INTENTIONAL OR
 NEGLIGENT ACTS OR OMISSIONS ARE ALLEGED TO HAVE RESULTED IN THE  COMMIS-
 SION  OF  SAID  CONDUCT,  ON OR BEFORE THE PLAINTIFF OR INFANT PLAINTIFF
 REACHES THE AGE OF FIFTY YEARS. IN ANY SUCH CLAIM OR CAUSE OF ACTION, IN
 ADDITION TO ANY OTHER DEFENSE AND AFFIRMATIVE DEFENSE THAT MAY BE AVAIL-
 ABLE IN ACCORDANCE WITH LAW, RULE OR THE COMMON LAW, TO THE EXTENT  THAT
 THE ACTS ALLEGED IN SUCH ACTION ARE OF THE TYPE DESCRIBED IN SUBDIVISION
 ONE  OF  SECTION  130.30  OF THE PENAL LAW OR SUBDIVISION ONE OF SECTION
 130.45 OF THE PENAL LAW, THE AFFIRMATIVE DEFENSES SET FORTH, RESPECTIVE-
 LY, IN THE CLOSING PARAGRAPH OF SUCH SECTION  OF  THE  PENAL  LAW  SHALL
 APPLY.
   §  3.  Subdivision  8 of section 50-e of the general municipal law, as
 amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
 follows:
   8.  Inapplicability  of  section.  (A) This section shall not apply to
 claims arising under the provisions of the  workers'  compensation  law,
 the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
 workers' benefit law or to claims against public corporations  by  their
 own infant wards.
   (B)  THIS  SECTION  SHALL  NOT  APPLY  TO ANY CLAIM MADE FOR PHYSICAL,
 PSYCHOLOGICAL OR OTHER INJURY OR  CONDITION  SUFFERED  AS  A  RESULT  OF
 CONDUCT  WHICH  WOULD  CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
 ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS  THAN
 EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR
 255.25 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
 YEARS  OF  AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED

 S. 9190                             3
 
 IN SECTION 263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD  LESS  THAN
 EIGHTEEN YEARS OF AGE.
   §  4. Section 50-i of the general municipal law is amended by adding a
 new subdivision 5 to read as follows:
   5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS  SECTION
 SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
 FIRE  DISTRICT  OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
 INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH WOULD  CONSTI-
 TUTE  A  SEXUAL  OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN  EIGHTEEN  YEARS  OF  AGE,
 INCEST  AS  DEFINED IN SECTION 255.27, 255.26 OR 255.25 OF THE PENAL LAW
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
 A CHILD IN A SEXUAL PERFORMANCE AS DEFINED  IN  SECTION  263.05  OF  THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   §  5. Section 10 of the court of claims act is amended by adding a new
 subdivision 10 to read as follows:
   10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
 SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
 ICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT WHICH
 WOULD CONSTITUTE A SEXUAL OFFENSE AS  DEFINED  IN  ARTICLE  ONE  HUNDRED
 THIRTY  OF  THE  PENAL  LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN
 YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.27, 255.26 OR  255.25  OF
 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 OR  THE  USE  OF  A  CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
 263.05 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
 YEARS OF AGE.
   § 6. Subdivision 2 of section 3813 of the education law, as amended by
 chapter 346 of the laws of 1978, is amended to read as follows:
   2.  Notwithstanding anything to the contrary hereinbefore contained in
 this section, no action or special proceeding founded upon tort shall be
 prosecuted or maintained against  any  of  the  parties  named  in  this
 section  or against any teacher or member of the supervisory or adminis-
 trative staff or employee where the alleged tort was committed  by  such
 teacher  or  member  or  employee  acting in the discharge of his duties
 within the scope of his employment and/or under  the  direction  of  the
 board of education, trustee or trustees, or governing body of the school
 unless  a  notice of claim shall have been made and served in compliance
 with section fifty-e of the general municipal law.   Every  such  action
 shall  be commenced pursuant to the provisions of section fifty-i of the
 general municipal law; PROVIDED, HOWEVER, THAT THIS  SECTION  SHALL  NOT
 APPLY  TO  ANY  CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOGICAL, OR
 OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF  CONDUCT  WHICH  WOULD
 CONSTITUTE  A SEXUAL OFFENSE AS DEFINED IN ARTICLE ONE HUNDRED THIRTY OF
 THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
 INCEST AS DEFINED IN SECTION 255.27, 255.26 OR 255.55 OF THE  PENAL  LAW
 COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF
 A  CHILD  IN  A  SEXUAL  PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE
 PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE.
   § 7. Section 219-c of the judiciary law, as added by  chapter  506  of
 the laws of 2011, is amended to read as follows:
   §  219-c.  Crimes  involving  sexual  assault  AND THE SEXUAL ABUSE OF
 MINORS; judicial training. The  office  of  court  administration  shall
 provide  training for judges and justices with respect to crimes involv-
 ing sexual assault AND THE SEXUAL ABUSE OF MINORS.

 S. 9190                             4
 
   § 8. This act shall take effect immediately;  provided,  however  that
 section  seven  of  this act shall take effect six months after this act
 shall have become a law.
 
                                  PART B
 
   Section 1. Paragraph (a) of subdivision 1 of section 413 of the social
 services  law,  as  amended  by section 7 of part C of chapter 57 of the
 laws of 2018, is amended to read as follows:
   (a) The following persons and officials  are  required  to  report  or
 cause  a  report to be made in accordance with this title when they have
 reasonable cause to suspect that a child coming  before  them  in  their
 professional  or  official capacity is an abused or maltreated child, or
 when they have reasonable cause to suspect that a child is an abused  or
 maltreated  child  where the parent, guardian, custodian or other person
 legally responsible for such child comes before them  in  their  profes-
 sional  or  official  capacity and states from personal knowledge facts,
 conditions or circumstances which, if correct, would render the child an
 abused or maltreated child: any physician; registered physician  assist-
 ant;  surgeon;  medical  examiner;  coroner;  dentist; dental hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni-
 cian;  licensed  creative  arts  therapist; licensed marriage and family
 therapist; licensed mental  health  counselor;  licensed  psychoanalyst;
 licensed  behavior analyst; certified behavior analyst assistant; hospi-
 tal personnel engaged in the admission, examination, care  or  treatment
 of  persons;  MEMBER  OF  THE  CLERGY; a Christian Science practitioner;
 school official, which includes but is not limited  to  school  teacher,
 school  guidance  counselor,  school psychologist, school social worker,
 school nurse, school administrator or other school personnel required to
 hold a teaching or administrative license or certificate; full or  part-
 time  compensated  school employee required to hold a temporary coaching
 license or professional coaching certificate;  social  services  worker;
 employee  of a publicly-funded emergency shelter for families with chil-
 dren; director of a children's overnight camp, summer day camp or  trav-
 eling  summer  day  camp,  as such camps are defined in section thirteen
 hundred ninety-two of the public health law;  day  care  center  worker;
 school-age  child  care  worker;  provider of family or group family day
 care; employee or volunteer in a residential care facility for  children
 that  is  licensed,  certified or operated by the office of children and
 family services; or any other child care or foster care  worker;  mental
 health  professional;  substance  abuse counselor; alcoholism counselor;
 all persons credentialed by the office of alcoholism and substance abuse
 services; employees, who are expected to have  regular  and  substantial
 contact  with  children, of a health home or health home care management
 agency contracting with a health home as designated by the department of
 health and authorized under section three hundred sixty-five-l  of  this
 chapter  or such employees who provide home and community based services
 under a demonstration program pursuant to section eleven hundred fifteen
 of the federal social security act who are expected to have regular  and
 substantial  contact  with  children;  peace  officer;  police  officer;
 district attorney or assistant district attorney; investigator  employed
 in the office of a district attorney; or other law enforcement official.
   §  2.  Subdivision  1  of  section  413  of the social services law is
 amended by adding three new paragraphs (e),  (f)  and  (g)  to  read  as
 follows:

 S. 9190                             5
 
   (E)  UNLESS  THE  PERSON  CONFESSING OR CONFIDING WAIVES THE PRIVILEGE
 PURSUANT TO SECTION FOUR THOUSAND FIVE HUNDRED FIVE OF THE  CIVIL  PRAC-
 TICE  LAW AND RULES, A MEMBER OF THE CLERGY OR DULY ACCREDITED CHRISTIAN
 SCIENCE PRACTITIONER SHALL NOT BE REQUIRED TO MAKE A REPORT AS  REQUIRED
 BY PARAGRAPH (A) OF THIS SUBDIVISION IF THE CONFESSION OR CONFIDENCE WAS
 MADE  TO  HIM  OR  HER IN HIS OR HER PROFESSIONAL CHARACTER AS SPIRITUAL
 ADVISOR.
   (F) THE PROVISIONS FOR PARAGRAPH (E) OF THIS SUBDIVISION SHALL NOT  BE
 DEEMED TO EXEMPT A MEMBER OF THE CLERGY OR CHRISTIAN SCIENCE PRACTITION-
 ER  FROM  ANY  OTHER REQUIREMENTS OF LAW TO PREVENT THE PERPETRATOR FROM
 COMMITTING ADDITIONAL ACTS OF ABUSE.
   (G) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER-
 GY" SHALL HAVE THE SAME MEANING AS DEFINED  UNDER  SUBDIVISION  FOUR  OF
 SECTION FOUR HUNDRED TWENTY-NINE-A OF THIS ARTICLE.
   §  3.  Article 6 of the social services law is amended by adding a new
 title 6-B to read as follows:
                                 TITLE 6-B
                 REPORTS OF CHILD ABUSE TO LAW ENFORCEMENT
 SECTION 429-A. DEFINITIONS.
         429-B. PERSONS  AND  OFFICIALS  REQUIRED  TO  REPORT  CASES   OF
                   SUSPECTED CHILD ABUSE TO LAW ENFORCEMENT AUTHORITIES.
         429-C. PENALTIES FOR FAILURE TO REPORT.
         429-D. IMMUNITY FROM LIABILITY.
         429-E. TRAINING.
   §  429-A.  DEFINITIONS.  FOR  THE PURPOSES OF THIS TITLE THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "CHILD ABUSE" SHALL  MEAN  ANY  OF  THE  FOLLOWING  ACTS  COMMITTED
 AGAINST  A  CHILD  BY  PERSONS  OR  OFFICIALS DEFINED UNDER SECTION FOUR
 HUNDRED TWENTY-NINE-B OF THIS TITLE, WHO ARE EIGHTEEN YEARS  OF  AGE  OR
 OLDER:    (A)  INTENTIONALLY  OR  RECKLESSLY INFLICTING PHYSICAL INJURY,
 SERIOUS PHYSICAL INJURY OR DEATH, OR  (B)  INTENTIONALLY  OR  RECKLESSLY
 ENGAGING  IN  CONDUCT  WHICH CREATES A SUBSTANTIAL RISK OF SUCH PHYSICAL
 INJURY, SERIOUS PHYSICAL INJURY OR DEATH, OR (C) ANY CHILD SEXUAL  ABUSE
 AS  DEFINED  IN  THIS  SECTION, OR (D) CONDUCT PROHIBITED BY ARTICLE ONE
 HUNDRED THIRTY OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW, OR  (E)  THE
 COMMISSION  OR  ATTEMPTED  COMMISSION  AGAINST  A  CHILD OF THE CRIME OF
 DISSEMINATING INDECENT MATERIALS  TO  MINORS  PURSUANT  TO  ARTICLE  TWO
 HUNDRED THIRTY-FIVE OF THE PENAL LAW.
   2. "CHILD" SHALL MEAN A PERSON UNDER THE AGE OF EIGHTEEN YEARS.
   3. "LAW ENFORCEMENT AUTHORITIES" SHALL MEAN A MUNICIPAL POLICE DEPART-
 MENT,  SHERIFF'S DEPARTMENT, THE DIVISION OF STATE POLICE OR ANY OFFICER
 THEREOF. NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  LAW  ENFORCEMENT
 AUTHORITIES SHALL NOT INCLUDE ANY CHILD PROTECTIVE SERVICE OR ANY SOCIE-
 TY  FOR  THE PREVENTION OF CRUELTY TO CHILDREN AS SUCH TERMS ARE DEFINED
 IN SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
   4. "MEMBER OF THE CLERGY"  SHALL  MEAN  ANY  DULY  AUTHORIZED  PASTOR,
 RECTOR, DEACON, PRIEST, RABBI, PANDIT, SWAMI, GURU, GRANTHI, IMAM, MOUL-
 VI,  MAULANA  AND A PERSON HAVING AUTHORITY FROM, OR IN ACCORDANCE WITH,
 THE RULES AND REGULATIONS OF THE GOVERNING ECCLESIASTICAL  BODY  OF  THE
 DENOMINATION OR ORDER, IF ANY, TO WHICH THE CHURCH BELONGS, OR OTHERWISE
 FROM  THE  CHURCH  OR SYNAGOGUE TO PRESIDE OVER AND DIRECT THE SPIRITUAL
 AFFAIRS OF THE CHURCH OR SYNAGOGUE.
   5. "RELIGIOUS INSTITUTION" SHALL MEAN A RELIGIOUS CORPORATION  CREATED
 TO  ENABLE  ITS  MEMBERS  TO  MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS
 OBSERVANCES OR A CONGREGATION, SOCIETY, OR OTHER ASSEMBLAGE  OF  PERSONS

 S. 9190                             6
 
 WHO  ARE  ACCUSTOMED  TO STATEDLY MEET FOR DIVINE WORSHIP OR OTHER RELI-
 GIOUS OBSERVANCES, WITHOUT HAVING BEEN INCORPORATED FOR THAT PURPOSE.
   §  429-B.  PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED
 CHILD ABUSE TO LAW ENFORCEMENT AUTHORITIES. 1. THE FOLLOWING PERSONS AND
 OFFICIALS ARE REQUIRED TO REPORT OR CAUSE A REPORT TO  BE  MADE  TO  THE
 APPROPRIATE LAW ENFORCEMENT AUTHORITIES WHEN THEY HAVE REASONABLE SUSPI-
 CION  TO  BELIEVE THAT IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY AN ACT
 OF CHILD ABUSE HAS OCCURRED: ANY PHYSICIAN; REGISTERED PHYSICIAN ASSIST-
 ANT; SURGEON; MEDICAL  EXAMINER;  CORONER;  DENTIST;  DENTAL  HYGIENIST;
 OSTEOPATH;  OPTOMETRIST;  CHIROPRACTOR;  PODIATRIST;  RESIDENT;  INTERN;
 PSYCHOLOGIST; REGISTERED NURSE; EMERGENCY MEDICAL  TECHNICIAN;  HOSPITAL
 PERSONNEL  ENGAGED  IN  THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF
 PERSONS; MEMBER OF THE CLERGY; A CHRISTIAN SCIENCE PRACTITIONER;  SCHOOL
 OFFICIAL,  WHICH INCLUDES BUT IS NOT LIMITED TO A SCHOOL TEACHER, SCHOOL
 GUIDANCE COUNSELOR, SCHOOL PSYCHOLOGIST, SCHOOL  SOCIAL  WORKER,  SCHOOL
 NURSE, SCHOOL ADMINISTRATOR OR OTHER SCHOOL PERSONNEL REQUIRED TO HOLD A
 TEACHING  OR ADMINISTRATIVE LICENSE OR CERTIFICATE, OR FULL OR PART-TIME
 COMPENSATED SCHOOL  EMPLOYEE  REQUIRED  TO  HOLD  A  TEMPORARY  COACHING
 LICENSE  OR  PROFESSIONAL  COACHING CERTIFICATE; SOCIAL SERVICES WORKER;
 DIRECTOR OF A CHILDREN'S OVERNIGHT CAMP, SUMMER DAY  CAMP  OR  TRAVELING
 SUMMER  DAY  CAMP, AS SUCH CAMPS ARE DEFINED IN SECTION THIRTEEN HUNDRED
 NINETY-TWO OF THE PUBLIC HEALTH LAW; DAY CARE WORKER; PROVIDER OF FAMILY
 OR GROUP FAMILY DAY CARE; EMPLOYEE OR VOLUNTEER IN  A  RESIDENTIAL  CARE
 FACILITY  OR  ANY  OTHER CHILD CARE OR FOSTER CARE WORKER; MENTAL HEALTH
 PROFESSIONAL; SUBSTANCE ABUSE  COUNSELOR;  ALCOHOLISM  COUNSELOR;  PEACE
 OFFICER;  POLICE OFFICER; DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTOR-
 NEY; INVESTIGATOR EMPLOYED IN THE OFFICE  OF  A  DISTRICT  ATTORNEY;  OR
 OTHER LAW ENFORCEMENT OFFICIAL.
   (A)  UNLESS  THE  PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE,
 PURSUANT TO SECTION FOUR THOUSAND FIVE HUNDRED FIVE OF THE  CIVIL  PRAC-
 TICE LAW AND RULES, A MEMBER OF THE CLERGY, OR DULY ACCREDITED CHRISTIAN
 SCIENCE PRACTITIONER, SHALL NOT BE REQUIRED TO MAKE A REPORT AS REQUIRED
 PURSUANT  TO SUBDIVISION ONE OF THIS SECTION IF THE CONFESSION OR CONFI-
 DENCE WAS MADE TO HIM OR HER IN HIS OR  HER  PROFESSIONAL  CHARACTER  AS
 SPIRITUAL ADVISOR.
   (B)  WHEN  A  MEMBER OF THE CLERGY HAS REASONABLE SUSPICION TO BELIEVE
 THAT AN ACT OF CHILD ABUSE HAS OCCURRED BASED UPON INFORMATION  RECEIVED
 OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO PARAGRAPH
 (A)  OF  THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY SHALL PROMPTLY
 MAKE A REPORT AS REQUIRED BY THIS SUBDIVISION NOTWITHSTANDING  THE  FACT
 THAT  HE OR SHE MAY HAVE ALSO RECEIVED A REPORT OF CHILD ABUSE THROUGH A
 CONFESSION OR CONFIDENCE MADE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION.
   (C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL  NOT  BE
 DEEMED  TO  EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER REQUIREMENTS OF
 LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
   2. NOTHING IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE THE  REPORT  OF
 INFORMATION  BY A PERSON REQUIRED TO REPORT HEREIN WHEN SUCH INFORMATION
 IS OTHERWISE PRIVILEGED FROM DISCLOSURE BY LAW.
   § 429-C. PENALTIES FOR FAILURE TO REPORT. 1. ANY  PERSON  REQUIRED  BY
 THIS TITLE TO REPORT A CASE OF SUSPECTED CHILD ABUSE WHO WILLFULLY FAILS
 TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
   2.  ANY  PERSON  REQUIRED  BY THIS TITLE TO REPORT A CASE OF SUSPECTED
 CHILD ABUSE WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO SHALL BE  CIVILLY
 LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE TO REPORT.

 S. 9190                             7
 
   §  429-D.  IMMUNITY  FROM  LIABILITY. ANY PERSON WHO REASONABLY AND IN
 GOOD FAITH MAKES A REPORT OF ALLEGATIONS  OF  CHILD  ABUSE  AS  REQUIRED
 PURSUANT  TO THIS TITLE SHALL HAVE IMMUNITY FROM ANY LIABILITY, CIVIL OR
 CRIMINAL, THAT MIGHT OTHERWISE RESULT BY REASON OF SUCH ACTIONS.
   §  429-E.  TRAINING.  1.  ALL  PERSONS OR OFFICIALS REQUIRED TO REPORT
 CASES OF SUSPECTED CHILD ABUSE TO LAW ENFORCEMENT EMPLOYED ON  OR  AFTER
 THE EFFECTIVE DATE OF THIS TITLE SHALL BE REQUIRED TO COMPLETE TWO HOURS
 OF  COURSEWORK OR TRAINING REGARDING THE IDENTIFICATION AND REPORTING OF
 CHILD ABUSE AND MALTREATMENT.   THE  COURSEWORK  OR  TRAINING  SHALL  BE
 OBTAINED  FROM AN INSTITUTION OR PROVIDER WHICH HAS BEEN APPROVED BY THE
 DEPARTMENT TO PROVIDE SUCH COURSEWORK OR  TRAINING.  THE  COURSEWORK  OR
 TRAINING SHALL INCLUDE INFORMATION REGARDING THE PHYSICAL AND BEHAVIORAL
 INDICATORS  OF  CHILD ABUSE AND MALTREATMENT AND THE STATUTORY REPORTING
 REQUIREMENTS SET FORTH UNDER THIS TITLE AS WELL AS SECTIONS FOUR HUNDRED
 THIRTEEN THROUGH FOUR HUNDRED TWENTY OF THIS ARTICLE, INCLUDING BUT  NOT
 LIMITED  TO,  WHEN AND HOW A REPORT MUST BE MADE, WHAT OTHER ACTIONS THE
 REPORTER IS MANDATED  OR  AUTHORIZED  TO  TAKE,  THE  LEGAL  PROTECTIONS
 AFFORDED  REPORTERS,  AND  THE  CONSEQUENCES  FOR FAILING TO REPORT. THE
 DEPARTMENT SHALL BE AUTHORIZED TO PUBLISH A LIST OF PERSONS WHO ARE  NOT
 IN COMPLIANCE WITH THIS SUBDIVISION ON ITS WEBSITE.
   2. THE COURSEWORK OR TRAINING REQUIRED BY THIS SECTION SHALL NOT APPLY
 TO  THOSE  PERSONS  ALREADY  REQUIRED  TO UNDERGO COURSEWORK OR TRAINING
 REGARDING THE IDENTIFICATION AND REPORTING OF CHILD ABUSE AND  MALTREAT-
 MENT PURSUANT TO ANY OTHER PERTINENT SECTION OF LAW.
   §  4.  Paragraph  (b)  of subdivision 4 of section 240.50 of the penal
 law, as amended by section 1 of part G of chapter 501  of  the  laws  of
 2012, is amended and a new paragraph (c) is added to read as follows:
   (b)  any  person  required to report cases of suspected child abuse or
 maltreatment pursuant to subdivision one of section four  hundred  thir-
 teen of the social services law or to report cases of suspected abuse or
 neglect  of a vulnerable person pursuant to section four hundred ninety-
 one of such law, knowing that the person  is  required  to  report  such
 cases,  and  with the intent that such an alleged occurrence be reported
 to the statewide central register or vulnerable persons' central  regis-
 ter[.], OR
   (C)  ANY  PERSON  REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE TO
 LAW ENFORCEMENT PURSUANT TO TITLE SIX-B OF ARTICLE  SIX  OF  THE  SOCIAL
 SERVICES LAW.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law; provided,  however  that  the  form  used  to  report
 suspected  cases  of child abuse be revised, as necessary, by the office
 of children and family services prior to the effective date of this  act
 so that it is applicable for reporting to law enforcement agencies.
 
                                  PART C
 
   Section  1. Paragraph (b) of subdivision 1 of section 740 of the labor
 law, as added by chapter 660 of the laws of 1984, is amended and  a  new
 paragraph (h) is added to read as follows:
   (b)  "Employer"  means  any  person,  firm,  partnership, institution,
 corporation, EXCEPT A CORPORATION FORMED OTHER THAN FOR PROFIT, or asso-
 ciation that employs one or more employees.
   (H) "CORPORATION FORMED OTHER THAN FOR PROFIT"  IS  A  CORPORATION  AS
 DEFINED  BY  SUBDIVISION  THIRTEEN  OF  SECTION SIXTY-SIX OF THE GENERAL
 CONSTRUCTION LAW, EXCEPT THAT FOR PURPOSES OF THIS  SECTION  SUCH  DEFI-
 NITION  SHALL NOT APPLY TO A GENERAL HOSPITAL, AS DEFINED IN SECTION TWO

 S. 9190                             8
 
 THOUSAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, INCORPORATED  OTHER
 THAN FOR PROFIT.
   §  2.  The labor law is amended by adding a new section 742 to read as
 follows:
   § 742. RETALIATORY  PERSONNEL  ACTION  BY  EMPLOYERS  OF  CORPORATIONS
 FORMED  OTHER  THAN  FOR PROFIT; PROHIBITION. 1. DEFINITIONS. AS USED IN
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "EMPLOYEE" MEANS A PERSON WHO PERFORMS SERVICES FOR AND UNDER  THE
 CONTROL AND DIRECTION OF AN EMPLOYER FOR WAGES OR OTHER REMUNERATION.
   (B)  "EMPLOYER"  MEANS A CORPORATION FORMED OTHER THAN FOR PROFIT THAT
 EMPLOYS ONE OR MORE EMPLOYEES.
   (C) "LAW, RULE OR REGULATION" INCLUDES ANY DULY ENACTED FEDERAL, STATE
 OR LOCAL STATUTE OR ORDINANCE OR  ANY  RULE  OR  REGULATION  PROMULGATED
 PURSUANT TO ANY FEDERAL, STATE OR LOCAL STATUTE OR ORDINANCE.
   (D) "PUBLIC BODY" INCLUDES THE FOLLOWING:
   (I)  THE UNITED STATES CONGRESS, ANY STATE LEGISLATURE, OR ANY ELECTED
 LOCAL GOVERNMENTAL BODY, OR ANY MEMBER OR EMPLOYEE THEREOF;
   (II) ANY FEDERAL, STATE, OR LOCAL COURT, OR  ANY  MEMBER  OR  EMPLOYEE
 THEREOF, OR ANY GRAND OR PETIT JURY;
   (III)  ANY  FEDERAL,  STATE,  OR  LOCAL REGULATORY, ADMINISTRATIVE, OR
 PUBLIC AGENCY OR AUTHORITY, OR INSTRUMENTALITY THEREOF; OR
   (IV) ANY FEDERAL, STATE, OR LOCAL LAW ENFORCEMENT AGENCY, PROSECUTORI-
 AL OFFICE, OR POLICE OR PEACE OFFICER.
   (E) "RETALIATORY PERSONNEL ACTION" MEANS THE DISCHARGE, SUSPENSION  OR
 DEMOTION  OF  AN  EMPLOYEE,  OR  OTHER  ADVERSE  EMPLOYMENT ACTION TAKEN
 AGAINST AN EMPLOYEE IN THE TERMS AND CONDITIONS OF EMPLOYMENT.
   (F) "SUPERVISOR" MEANS ANY INDIVIDUAL WITHIN AN  EMPLOYER'S  ORGANIZA-
 TION WHO HAS THE AUTHORITY TO DIRECT AND CONTROL THE WORK PERFORMANCE OF
 THE  AFFECTED  EMPLOYEE; OR WHO HAS MANAGERIAL AUTHORITY TO TAKE CORREC-
 TIVE ACTION REGARDING THE VIOLATION OF LAW, RULE OR REGULATION OF  WHICH
 THE EMPLOYEE COMPLAINS.
   (G)  "CORPORATION  FORMED  OTHER  THAN FOR PROFIT" IS A CORPORATION AS
 DEFINED BY SUBDIVISION THIRTEEN OF  SECTION  SIXTY-SIX  OF  THE  GENERAL
 CONSTRUCTION  LAW.   A GENERAL HOSPITAL, AS DEFINED IN SECTION TWO THOU-
 SAND EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, SHALL NOT  FALL  WITHIN
 THE MEANING OF A "CORPORATION FORMED OTHER THAN FOR PROFIT" FOR PURPOSES
 OF THIS SECTION.
   (H) "IMPROPER ACTION" SHALL MEAN ANY ACTION BY AN EMPLOYER OR EMPLOYEE
 OF  A  CORPORATION  FORMED OTHER THAN FOR PROFIT, WHICH IS UNDERTAKEN IN
 THE PERFORMANCE OF THEIR OFFICIAL DUTIES, WHETHER OR NOT SUCH ACTION  IS
 WITHIN  THE SCOPE OF EMPLOYMENT, AND WHICH IS IN VIOLATION OF ANY FEDER-
 AL, STATE OR LOCAL LAW, RULE OR REGULATION.
   2. PROHIBITIONS. AN EMPLOYER SHALL NOT TAKE ANY RETALIATORY  PERSONNEL
 ACTION AGAINST AN EMPLOYEE BECAUSE SUCH EMPLOYEE DOES ANY OF THE FOLLOW-
 ING:
   (A) DISCLOSES, OR THREATENS TO DISCLOSE TO A SUPERVISOR OR TO A PUBLIC
 BODY  AN  ACTIVITY,  POLICY  OR  PRACTICE  OF  THE  EMPLOYER  THAT IS IN
 VIOLATION OF ANY LAW, RULE OR REGULATION  WHICH  VIOLATION  CREATES  AND
 PRESENTS A SUBSTANTIAL AND SPECIFIC DANGER TO THE PUBLIC HEALTH OR SAFE-
 TY,  OR WHICH THE EMPLOYEE REASONABLY BELIEVES TO BE TRUE AND REASONABLY
 BELIEVES CONSTITUTES AN IMPROPER ACTION;
   (B) PROVIDES INFORMATION  TO  OR  TESTIFIES  BEFORE  ANY  PUBLIC  BODY
 CONDUCTING  AN INVESTIGATION, HEARING OR INQUIRY INTO ANY SUCH VIOLATION
 OF A LAW, RULE OR REGULATION BY SUCH EMPLOYER; OR
   (C) OBJECTS TO, OR REFUSES TO PARTICIPATE IN ANY SUCH ACTIVITY, POLICY
 OR PRACTICE IN VIOLATION OF A LAW, RULE OR REGULATION.

 S. 9190                             9
 
   3. APPLICATION. THE PROTECTION AGAINST  RETALIATORY  PERSONNEL  ACTION
 PROVIDED  BY PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION PERTAINING
 TO DISCLOSURE TO A PUBLIC BODY SHALL NOT APPLY TO AN EMPLOYEE WHO  MAKES
 SUCH  DISCLOSURE  TO  A  PUBLIC BODY UNLESS THE EMPLOYEE HAS BROUGHT THE
 ACTIVITY,  POLICY OR PRACTICE IN VIOLATION OF LAW, RULE OR REGULATION TO
 THE ATTENTION OF A SUPERVISOR OF THE  EMPLOYER  AND  HAS  AFFORDED  SUCH
 EMPLOYER  A  REASONABLE  OPPORTUNITY TO CORRECT SUCH ACTIVITY, POLICY OR
 PRACTICE. EMPLOYER NOTIFICATION SHALL NOT BE REQUIRED PURSUANT  TO  THIS
 SUBDIVISION  WHEN AN EMPLOYEE DISCLOSES AN IMPROPER ACTION PERTAINING TO
 ENDANGERING THE WELFARE OF A CHILD.
   4. VIOLATION; REMEDY. (A) AN EMPLOYEE WHO HAS BEEN THE  SUBJECT  OF  A
 RETALIATORY  PERSONNEL ACTION IN VIOLATION OF THIS SECTION MAY INSTITUTE
 A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION FOR  RELIEF  AS  SET
 FORTH  IN  SUBDIVISION  FIVE  OF  THIS SECTION WITHIN ONE YEAR AFTER THE
 ALLEGED RETALIATORY ACTION WAS TAKEN.
   (B) ANY ACTION AUTHORIZED BY THIS SECTION MAY BE BROUGHT IN THE COUNTY
 IN WHICH THE ALLEGED RETALIATORY PERSONNEL ACTION OCCURRED, IN THE COUN-
 TY IN WHICH THE COMPLAINANT RESIDES, OR  IN  THE  COUNTY  IN  WHICH  THE
 EMPLOYER HAS ITS PRINCIPAL PLACE OF BUSINESS.
   (C)  IT  SHALL  BE  A  DEFENSE  TO ANY ACTION BROUGHT PURSUANT TO THIS
 SECTION THAT THE PERSONNEL ACTION WAS PREDICATED UPON GROUNDS OTHER THAN
 THE EMPLOYEE'S EXERCISE OF ANY RIGHTS  PROTECTED  BY  THIS  SECTION.  IT
 SHALL  ALSO BE A DEFENSE THAT THE INDIVIDUAL WAS AN INDEPENDENT CONTRAC-
 TOR.
   5. RELIEF. IN ANY ACTION BROUGHT PURSUANT TO SUBDIVISION FOUR OF  THIS
 SECTION, THE COURT MAY ORDER RELIEF AS FOLLOWS:
   (A) AN INJUNCTION TO RESTRAIN CONTINUED VIOLATION OF THIS SECTION;
   (B) THE REINSTATEMENT OF THE EMPLOYEE TO THE SAME POSITION HELD BEFORE
 THE RETALIATORY PERSONNEL ACTION, OR TO AN EQUIVALENT POSITION;
   (C) THE REINSTATEMENT OF FULL FRINGE BENEFITS AND SENIORITY RIGHTS;
   (D)  THE COMPENSATION FOR LOST WAGES, BENEFITS AND OTHER REMUNERATION;
 AND
   (E) THE PAYMENT BY THE EMPLOYER OF  REASONABLE  COSTS,  DISBURSEMENTS,
 AND ATTORNEYS' FEES.
   6.  EMPLOYER  RELIEF.  A COURT, IN ITS DISCRETION, MAY ALSO ORDER THAT
 REASONABLE ATTORNEYS' FEES AND COURT COSTS AND DISBURSEMENTS BE  AWARDED
 TO  AN  EMPLOYER  IF  THE  COURT DETERMINES THAT AN ACTION BROUGHT BY AN
 EMPLOYEE UNDER THIS SECTION WAS WITHOUT BASIS IN LAW OR IN FACT.
   7. PUBLICATION. AN EMPLOYER SHALL NOTIFY ALL NEW EMPLOYEES IN  WRITING
 OF  THEIR  PROTECTIONS,  RIGHTS  AND  OBLIGATIONS  UNDER THIS SECTION. A
 NOTICE SHALL ALSO BE  POSTED  CONSPICUOUSLY  ON  THE  PREMISES  OF  SUCH
 EMPLOYER  REGARDING THE PROTECTIONS, RIGHTS AND OBLIGATIONS PROVIDED FOR
 WITHIN THIS SECTION.
   8. EXISTING RIGHTS. NOTHING IN THIS SECTION SHALL BE DEEMED TO  DIMIN-
 ISH  THE RIGHTS, PRIVILEGES, OR REMEDIES OF ANY EMPLOYEE UNDER ANY OTHER
 LAW OR REGULATION  OR  UNDER  ANY  COLLECTIVE  BARGAINING  AGREEMENT  OR
 EMPLOYMENT CONTRACT; EXCEPT THAT THE INSTITUTION OF AN ACTION IN ACCORD-
 ANCE  WITH THIS SECTION SHALL BE DEEMED A WAIVER OF THE RIGHTS AND REME-
 DIES AVAILABLE UNDER ANY OTHER CONTRACT,  COLLECTIVE  BARGAINING  AGREE-
 MENT, LAW, RULE, OR REGULATION OR UNDER THE COMMON LAW.
   §  3.  This  act shall take effect immediately; provided, however that
 all current employees of an employer  protected  pursuant  to  this  act
 shall  be provided written notice of their protections, rights and obli-
 gations upon the effective date of this act.
   § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be adjudged by a court of compe-

 S. 9190                            10
 
 tent jurisdiction to be invalid, such judgement shall not affect, impair
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion to the clause, sentence, paragraph, subdivision,  section  or  part
 thereof  directly  involved  in  the controversy in which such judgement
 shall have been rendered. It is hereby declared to be the intent of  the
 legislature  that  this act would have been enacted even if such invalid
 provisions had not been included herein.
   § 4. This act shall take effect immediately, provided,  however,  that
 the  applicable effective date of Parts A through C of this act shall be
 as specifically set forth in the last section of such Part.