senate Bill S6030

2011-2012 Legislative Session

Establishes the class E felony of failure to report child abuse

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

S6030 - Bill Details

See Assembly Version of this Bill:
A10747
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง260.40, Pen L

S6030 - Bill Texts

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Establishes the class E felony of failure to report child abuse for the failure to report to law enforcement officials the commission of any crime against a child under the age of 16.

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BILL NUMBER:S6030

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the class E felony
of failure to report child abuse

PURPOSE:
To establish the Class E felony of failure to report child abuse.

SUMMARY OF PROVISIONS:
Section one amends the penal law by adding a new section 260.40;
failure to report child abuse.

JUSTIFICATION:
This bill allows prosecutors to bring felony charges against persons
who witness child sexual abuse and do not quickly report it to law
enforcement. This measure would create a class E Felony charge for
failure to report child abuse to law enforcement.

In wake of the Penn State scandal, it is timely to review New York's
laws to ensure they remain strong and clear with regards to reporting
the sexual abuse of a child. It has become clear that it is not
enough to simply report to your superior if you witness or suspect
the abuse of a child.
For example, in the Penn State situation, when someone sees a child
being sexually abused there is no legitimate reason not to report it
to law enforcement. It is inconceivable and dangerous for someone to
turn a blind eye or fail to immediately report to the authorities
when they see a child being abused. Not doing so should be a serious
crime in New York State.

Currently, New York state law requires public-school teachers and
officials, doctors, social workers, police officers and some other
professionals to report suspected child abuse to the statewide
central register of child abuse and maltreatment or local child
protective services, however, they are not required to report
directly to law enforcement. This bill makes it a Class E felony by
holding a person accountable if they witness an act of child abuse.

When someone witnesses the abuse of a child, a particularly heinous
act, they should report it to law enforcement authorities
immediately. Mandatory reporting is not a standard that should be
reserved for professionals who work closely with children or for
supervisors. Everyone in society has a responsibility to say
something when they see something as serious as child abuse.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.


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

                                  6030

                            I N  S E N A T E

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced  by  Sen.  LANZA  -- 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 establishing the  class  E
  felony of failure to report child abuse

  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 a new section 260.40  to
read as follows:
S 260.40 FAILURE TO REPORT CHILD ABUSE.
  A  PERSON IS GUILTY OF FAILURE TO REPORT CHILD ABUSE WHEN, BEING EIGH-
TEEN YEARS OF AGE OR OLDER, HE OR SHE FAILS TO REPORT TO A POLICE  OFFI-
CER  OR LAW ENFORCEMENT AGENCY, AS SOON AS HE OR SHE IS PHYSICALLY ABLE,
THE COMMISSION OF ANY CRIME DEFINED IN  THIS  CHAPTER  AGAINST  A  CHILD
UNDER THE AGE OF SIXTEEN YEARS, AND SUCH PERSON WITNESSES THE COMMISSION
OF  SUCH  CRIME  AND  HAS  REASON TO KNOW THAT HE OR SHE IS WITNESSING A
CRIME.
  FAILURE TO REPORT CHILD ABUSE IS A CLASS E FELONY.
  S 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13694-01-2

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