Senate Bill S6030

                                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.