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Senate Bill S1477

2009-2010 Legislative Session

Establishes the class B misdemeanor of failure to report sexual assault of a child

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2009-S1477 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง260.35 & 260.40, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S2006

2009-S1477 (ACTIVE) - Summary

Establishes the class B misdemeanor of failure to report sexual assault of a child, when being 18 years old or older, a person witnesses the commission of sexual assault of a child under 16 years of age and fails to report such assault to law enforcement officials within 24 hours of witnessing the assault.

2009-S1477 (ACTIVE) - Sponsor Memo

2009-S1477 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1477

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 2, 2009
                               ___________

Introduced  by  Sens.  SKELOS,  DeFRANCISCO,  FARLEY, FUSCHILLO, GOLDEN,
  HANNON, LEIBELL, LITTLE, MAZIARZ, MORAHAN, SALAND, SEWARD,  VOLKER  --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Codes

AN ACT to amend the penal law, in relation to failure to report a sexual
  assault of a child

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The penal law is amended by adding two new sections 260.35
and 260.40 to read as follows:
S 260.35 SEXUAL ASSAULT; DEFINED.
  FOR THE PURPOSES OF SECTION 260.40 OF THIS ARTICLE,  "SEXUAL  ASSAULT"
MEANS THE COMMISSION OF:
  1.  A  SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THIS CHAP-
TER;
  2. A SEXUAL PERFORMANCE BY A CHILD  DEFINED  IN  ARTICLE  TWO  HUNDRED
SIXTY-THREE OF THIS CHAPTER; OR
  3. INCEST AS DEFINED IN SECTION 255.25 OF THIS CHAPTER.
S 260.40 FAILURE TO REPORT A SEXUAL ASSAULT OF A CHILD.
  A  PERSON  IS  GUILTY OF FAILURE TO REPORT A SEXUAL ASSAULT OF A CHILD
WHEN HE OR SHE, BEING EIGHTEEN YEARS OLD OR OLDER,  KNOWINGLY  WITNESSES
THE  COMMISSION  OF  A SEXUAL ASSAULT OF A CHILD LESS THAN SIXTEEN YEARS
OLD, AND FAILS TO REPORT SUCH ASSAULT WITHIN TWENTY-FOUR  HOURS  OF  THE
WITNESSED  COMMISSION  THEREOF TO A POLICE OFFICER, DISTRICT ATTORNEY OR
LAW ENFORCEMENT OFFICIAL WITHIN THE COUNTY OR CITY IN WHICH SUCH ASSAULT
WAS COMMITTED.
  FAILURE TO REPORT A SEXUAL ASSAULT OF A CHILD IS A CLASS  B  MISDEMEA-
NOR.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03386-01-9

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