| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 14, 2014 |
referred to children and families |
Senate Bill S6327
2013-2014 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Children And Families Committee
Actions
2013-S6327 (ACTIVE) - Details
2013-S6327 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6327
TITLE OF BILL: An act to amend the social services law, in relation
to the definition of "abused child"
PURPOSE: Update the definition of child abuse under the Social
Services Law so that it may be more fully integrated with various
portions of the New York State Penal Code.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends the definition of the term "abused child"
in the social services law,
Section 2 of the bill is the effective date.
JUSTIFICATION: Awareness of the epidemic of child abuse has come a
long way since section Section 371 was enacted in 1971. The most
recent literature estimates that child maltreatment. costs the country
a total lifetime economic burden resulting from new cases of fatal and
nonfatal treatment of $124 billion using 2008 figures.
Currently, section 371 of the social services law defines the
threshold injury needed to reach actual child abuse. The threshold is
extremely high and includes physical abuse by other than accidental
means which causes disfigurement, or protracted impairment of physical
2013-S6327 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6327
I N S E N A T E
January 14, 2014
___________
Introduced by Sen. MAZIARZ -- read twice and ordered printed, and when
printed to be committed to the Committee on Children and Families
AN ACT to amend the social services law, in relation to the definition
of "abused child"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4-b of section 371 of the social services law,
as added by chapter 782 of the laws of 1971, the opening paragraph as
amended by chapter 518 of the laws of 1977, is amended to read as
follows:
4-b. "Abused child" means a child less than eighteen years of age
whose parent or other person legally responsible for his care
(i) inflicts or allows to be inflicted upon such child physical injury
by other than accidental means which causes or creates a substantial
risk of death, or serious or protracted disfigurement, or protracted
impairment of physical or emotional health or protracted loss or impair-
ment of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
(ii) creates or allows to be created a substantial risk of physical
injury to such child by other than accidental means which would be like-
ly to cause death or serious or protracted disfigurement, or protracted
impairment of physical or emotional health or protracted loss or impair-
ment of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
CONDITION OR SUBSTANTIAL PAIN, or
(iii) commits, or allows to be committed, an act of sexual abuse
against such child as defined in the penal law[.], OR
(IV) ALLOWS, PERMITS OR ENCOURAGES SUCH CHILD TO ENGAGE IN ANY ACT
DESCRIBED IN SECTIONS 230.25, 230.30 AND 230.32 OF THE PENAL LAW, OR
(V) COMMITS ANY OF THE ACTS DESCRIBED IN SECTIONS 255.25, 255.26 AND
255.27 OF THE PENAL LAW, OR
(VI) ALLOWS SUCH CHILD TO ENGAGE IN ACTS OR CONDUCT DESCRIBED IN ARTI-
CLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW PROVIDED, HOWEVER, THAT (A)
THE CORROBORATION REQUIREMENTS CONTAINED IN THE PENAL LAW AND (B) THE
AGE REQUIREMENT FOR THE APPLICATION OF ARTICLE TWO HUNDRED SIXTY-THREE
OF SUCH LAW SHALL NOT APPLY TO PROCEEDINGS UNDER THIS ARTICLE.
S 2. This act shall take effect immediately.
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