S T A T E O F N E W Y O R K
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3800
2013-2014 Regular Sessions
I N A S S E M B L Y
January 29, 2013
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Introduced by M. of A. LENTOL, SCHIMMINGER -- Multi-Sponsored by -- M.
of A. ABBATE, ARROYO, CASTRO, COLTON, CYMBROWITZ, ENGLEBRIGHT,
GUNTHER, LAVINE, MAGEE, MAISEL, MARKEY, MILLER, MILLMAN, ORTIZ, PERRY,
ROBERTS, SCHIMEL, SWEENEY, THIELE -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to establishing the crime of
failing to make a required report
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 260.28 to
read as follows:
S 260.28 FAILING TO MAKE A REQUIRED REPORT.
1. A PERSON IS GUILTY OF FAILING TO MAKE A REQUIRED REPORT WHEN, BEING
THE PARENT OR CAREGIVER OF A CHILD LESS THAN SIX YEARS OF AGE AND KNOW-
ING THAT SUCH CHILD:
(A) HAS DIED, HE OR SHE INTENTIONALLY FAILS TO REPORT SUCH DEATH TO A
LAW ENFORCEMENT OFFICIAL, HEALTH CARE PRACTITIONER OR FUNERAL DIRECTOR
PROMPTLY UNDER THE CIRCUMSTANCES; OR
(B) IS MISSING, HE OR SHE INTENTIONALLY FAILS TO REPORT THAT SUCH
CHILD IS MISSING TO A LAW ENFORCEMENT OFFICIAL PROMPTLY UNDER THE
CIRCUMSTANCES.
2. A PERSON SHALL NOT BE PROSECUTED UNDER THIS SECTION IF A FAILURE TO
TIMELY REPORT WAS THE RESULT OF PHYSICAL THREATS OR A FEAR THAT THE
PERSON, THE CHILD OR A THIRD PERSON WOULD BE PHYSICALLY HARMED IF THE
REPORT WAS MADE OR IF, AS THE CASE MAY BE, A LAW ENFORCEMENT OFFICIAL,
HEALTH CARE PRACTITIONER OR FUNERAL DIRECTOR WAS ALREADY AWARE OF SUCH
OCCURRENCE.
3. FOR PURPOSES OF THIS SECTION:
(A) "CAREGIVER" MEANS A PERSON WHO (I) ASSUMES RESPONSIBILITY FOR THE
CARE OF A CHILD PURSUANT TO A COURT ORDER; OR (II) RECEIVES MONETARY OR
OTHER VALUABLE CONSIDERATION FOR PROVIDING CARE FOR A CHILD;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04785-01-3
A. 3800 2
(B) "MISSING" MEANS NOT IN THE IMMEDIATE CARE OF ANOTHER PARENT, WHEN
THE WHEREABOUTS OF SUCH CHILD ARE UNKNOWN TO THE CHILD'S PARENT OR CARE-
GIVER AND SUCH PARENT OR CAREGIVER, UNDER THE CIRCUMSTANCES, HAS A
REASONABLE FEAR OF IMMINENT RISK TO THE HEALTH OR SAFETY OF SUCH CHILD.
FAILING TO MAKE A REQUIRED REPORT IS A CLASS E FELONY.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to events occurring on or after such
effective date.