Senate Bill S2006

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-S2006 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §§260.35 & 260.40, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S1477

2011-S2006 (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.

2011-S2006 (ACTIVE) - Sponsor Memo

2011-S2006 (ACTIVE) - Bill Text download pdf 

                            
                    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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