senate Bill S2006

2011-2012 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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Jan 14, 2011 referred to codes

S2006 - Bill Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยงยง260.35 & 260.40, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1477

S2006 - Bill Texts

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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.

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BILL NUMBER:S2006

TITLE OF BILL:
An act
to amend the penal law, in relation to failure to report a sexual
assault of a child

PURPOSE:
To establish the failure to report sexual assault of a child as a Class
B misdemeanor.

SUMMARY OF PROVISIONS:
The Penal Law is amended by adding two new sections 260.35 and 260.40.
Section 260.35 defines "sexual assault" for the purposes of this
article.
Section 260.40 establishes the crime of failure to report sexual
assault of a
child as a Class B misdemeanor. A person is guilty of failure to report
sexual assault of a child when he, being eighteen years old or older,
knowingly witnesses the sexual assault of a child less than sixteen
years old,
and fails to report such assault within twenty-four hours. Such report
is to
be made to a police officer, district attorney or law enforcement
official
within the county or city in which such assault was committed.

JUSTIFICATION:
This legislation is in response to the molestation and murder of a
seven-year-old girl in a Nevada casino in May of 1997, while a
bystander did nothing.

In most states there is no legal recourse for this type of heinous
activity because there is not a "Good Samaritan" law requiring
witnesses to
report crimes to the proper authorities. This bill does not require
people to
intervene on potentially dangerous situations, it does however require
people to report the crime they witnessed.

At the federal level, legislation has been introduced to honor this
child called the "Sherrice Iverson Act." The federal proposal amends the
Child Abuse Prevention and Treatment Act to require States receiving
funds
under Section 106 of such Act to have in effect a State law providing
for a
criminal penalty on an individual who fails to report witnessing another
individual engaging in sexual assault or abuse of a child.

In any event, in light of continuing crimes against
innocent children in today's society, it is of vital importance for
New York State to be at
the forefront of laws aimed at protecting our children.

LEGISLATIVE HISTORY:


2009-2010: S.1477 - Referred to Codes
2007-2008: S.431 - Passed Senate/Assembly Codes
2005-2006: S.2724 - Passed Senate/Assembly Codes
2003-2004: S.277 - Passed Senate/Assembly Codes
2001-2002: S.388-A - Passed Senate/Assembly Codes
1999-2000: S.12-B - Passed Senate/Assembly Codes

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

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

                                  2006

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by  Sen.  SKELOS -- 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.
                                                           LBD06197-01-1

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