NY State Senate Bill 2015-S7975

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2016	referred to codes

co-Sponsors

2015-S7975 (ACTIVE) - Details

See Assembly Version of this Bill:: A9627
Current Committee:: Senate Codes
Law Section:: Criminal Procedure Law
Laws Affected:: Amd §30.10, CP L; amd §208, CPLR; amd §§50-e & 50-i, Gen Muni L; amd §10, Ct Claims Act; amd §3813, Ed L; amd §413, add Art 6 Title 6-B §§429-a - 429-d, Soc Serv L; add §113, BC L; add §116, N-PC L; add §28, Rel Corp L; add §6, Coop Corps L; amd Part J §14, Chap 62 of 2003
Versions Introduced in 2017-2018 Legislative Session:: S5660, A7302

2015-S7975 (ACTIVE) - Summary

Enacts the New York State Child Protection Act of 2016; relates to the statute of limitation for sex offenses committed against a child, the timeliness for commencing certain civil actions related to sex offenses, the reporting of child abuse, fees collected and providing for the reimbursement of not-for-profit corporations for the fees collected for criminal history searches by the office of court administration.

2015-S7975 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7975

 TITLE OF BILL :

An act to amend the criminal procedure law, in relation to the statute
of limitations for sex offenses committed against a child; to amend
the civil practice law and rules, the general municipal law, the court
of claims act and the education law, in relation to the timeliness for
commencing certain civil actions related to sex offenses; to amend the
social services law, in relation to the reporting of child abuse; to
amend the business corporation law, the not-for-profit corporation
law, the religious corporations law and the cooperative corporations
law, in relation to child protection and criminal history searches;
and to amend part J of chapter 62 of the laws of 2003 amending the
county law and other laws relating to fees collected, in relation to
providing for the reimbursement of not-for-profit corporations for
fees collected for criminal history searches by the office of court
administration

 PURPOSE OR GENERAL IDEA OF BILL :

To further protect children from child abuse by allowing for the
prosecution of a sexual offense committed against a child to be
commenced at any time; waive notice of claim requirements for civil
claims for certain sex offenses against a child less than eighteen
years of age; expanding the list of mandated reporters of such abuse

and the types of child abuse which must be reported; mandates a
criminal history search of employees working with children and
provides reimbursement of criminal history searches done by non-profit
corporations.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 names the bill the "New York State Child Protection Act of
2016".

Section 2 amends Paragraph (f) of subdivision 3 of section 30.10 of
the criminal procedure law, allowing for the prosecution of a sexual
offense committed against a child to be commenced at any time.

Section 3 adds that section 208 of the civil practice law and rules is
designated subdivision (a) and a new subdivision (b) is added which
makes the period of limitations begin to run at age 23 instead of age
18 for certain sex offenses against a child less than eighteen years
of age.

Section 4 amends subdivision 8 of section 50-e of the general
municipal law, chapter 24 of the laws of 1988, by adding a new
subdivision (b) allowing for civil claims to be brought for certain
sex offenses against a child less than eighteen years of age.

Section 5 amends section 50-i of the general municipal law by adding a
new subdivision 5, relating to applicability of notice of claim
provisions for civil claims to be brought for certain sex offenses
against a child less than eighteen years of age.

Section 6 amends section 10 of the court of claims act by adding a new
subdivision 10, relating to applicability of notice of claim
provisions for civil claims to be brought for certain sex offenses
against a child less than eighteen years of age.

Section 7 amends subdivision 2 of section 3813 of the education law,
as amended by chapter 346 of the laws of 1978, allowing for civil
claims to be brought for certain sex offenses against a child less
than eighteen years of age.

Section 8 amends social services Law § 413 to add members of the
clergy to the list of mandated reporters who must report child abuse
in a family setting.

Section 9 amends social services Law § 413 by adding an exception
exists for allegations learned through confidential communications to
clergy that are privileged, but this exception does not prevent
reporting of information obtained by clergy in a non-confidential
communication and does not exempt a member of the clergy from any
legal requirements to prevent further abuse.

Section 10 creates a new title 6-B within the social services law
which requires the same mandated reporters to report allegations of
child abuse by any mandated reporter to law enforcement authorities.

Section 11 mandates that commissioner of the office of children and
family services shall review the reporting form to incorporate changes
made under this act.

Section 12 amends the business corporation law by adding a new section
one hundred thirteen that mandates a criminal history search on all
individuals who will be working with children under the age of
eighteen.

Section 13 amends the not-for-profit corporation law by adding a new
section one hundred sixteen that mandates a criminal history search on
all individuals who will be working with children under the age of
eighteen.

Section 14 amends the religious corporation law by adding a new
section twenty-eight that mandates a criminal history search on all
individuals who will be working with children under the age of
eighteen.

Section 15 amends the cooperative corporations law by adding a new
section six that mandates a criminal history search on all individuals
who will be working with children under the age of eighteen.

Section 16 amends chapter 56 of the Laws of 2010 by adding a new
paragraph (f).

Section 17 provides that the provisions of this act shall be
severable.

Section 18 provides the effective date.

 JUSTIFICATION :

In an effort to provide additional protection to New York's children,
this act expands upon protections currently in law to create an
environment in which it is easier to hold those who abuse children or
allow children to be harmed liable. Because victims of child sexual
abuse often take a long time to come forward, existing statutes of
limitations, which currently run until five years past the age of
majority, are insufficient. This is especially true in public
institutions, protected by notice of claim provisions, which bar
claims within months of age eighteen. Often, victims of childhood
sexual abuse do not come to terms with their abuse until well into
adulthood. This legislation adds an additional ten years, giving all
victims the opportunity to bring a claim until age thirty three. This
legislation also expands on current law which already requires that
mandated reporters, comprised of numerous professionals, to report
child abuse occurring in a family setting (Social Services Law § 413).
This bill adds members of the clergy to the list of mandated
reporters, and adds a requirement that all mandated reporters report
child abuse committed by any mandated reporter in addition to child
abuse in a family setting. Finally, this bill expands the use of
criminal history record searches by mandating all corporations in the
state conduct such searches when filling positions in which an
employee or volunteer may have unsupervised contact with a child.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the sixtieth day after it shall have
become law.

2015-S7975 (ACTIVE) - Bill Text download pdf

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

                                  7975

                            I N  S E N A T E

                              June 1, 2016
                               ___________

Introduced  by  Sens.  LANZA,  RITCHIE,  BOYLE -- read twice and ordered
  printed, and when printed to be committed to the Committee on Codes

AN ACT to amend the criminal procedure law, in relation to  the  statute
  of  limitations  for  sex offenses committed against a child; to amend
  the civil practice law and rules, the general municipal law, the court
  of claims act and the education law, in relation to the timeliness for
  commencing certain civil actions related to sex offenses; to amend the
  social services law, in relation to the reporting of child  abuse;  to
  amend  the  business  corporation  law, the not-for-profit corporation
  law, the religious corporations law and the  cooperative  corporations
  law,  in  relation  to child protection and criminal history searches;
  and to amend part J of chapter 62 of the laws  of  2003  amending  the
  county  law  and other laws relating to fees collected, in relation to
  providing for the reimbursement  of  not-for-profit  corporations  for
  fees  collected  for  criminal history searches by the office of court
  administration

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
State Child Protection Act of 2016".
  S 2. Paragraph (f) of subdivision 3 of section 30.10 of  the  criminal
procedure  law,  as separately amended by chapters 3 and 320 of the laws
of 2006, is amended to read as follows:
  (f) [For purposes of a] A prosecution involving a  sexual  offense  as
defined  in  article  one  hundred thirty of the penal law, other than a
sexual offense delineated in paragraph (a) of subdivision  two  of  this
section,  committed  against  a  child  less than eighteen years of age,
incest in the first, second or  third  degree  as  defined  in  sections
255.27,  255.26  and  255.25  of the penal law committed against a child
less than eighteen years of age, or use of a child in a sexual  perform-
ance as defined in section 263.05 of the penal law, [the period of limi-
tation  shall  not  begin  to run until the child has reached the age of
eighteen or the offense is reported  to  a  law  enforcement  agency  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14671-01-6

S. 7975                             2

statewide  central  register  of child abuse and maltreatment, whichever
occurs earlier] MAY BE COMMENCED AT ANY TIME.
  S  3.  The  opening paragraph of section 208 of the civil practice law
and rules is designated subdivision (a) and a  new  subdivision  (b)  is
added to read as follows:
  (B) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (A) OF THIS SECTION,
WITH  RESPECT  TO  ALL  CIVIL  CLAIMS OR CAUSES OF ACTION BROUGHT BY ANY
PERSON FOR PHYSICAL, PSYCHOLOGICAL OR OTHER INJURY OR CONDITION SUFFERED
AS A RESULT OF CONDUCT OF A DEFENDANT WHICH WOULD  CONSTITUTE  A  SEXUAL
OFFENSE  AS  DEFINED  IN  ARTICLE  ONE  HUNDRED  THIRTY OF THE PENAL LAW
COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS  OF  AGE,  INCEST  AS
DEFINED  IN  SECTION 255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED
AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE, OR THE USE OF  A  CHILD
IN  A  SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW,
OR A PREDECESSOR STATUTE THAT PROHIBITED SUCH CONDUCT AT THE TIME OF THE
ACT, WHICH CONDUCT WAS COMMITTED AGAINST  A  CHILD  LESS  THAN  EIGHTEEN
YEARS  OF  AGE, THE TIME WITHIN WHICH THE ACTION MUST BE COMMENCED SHALL
BE  EXTENDED  TO  FIVE  YEARS  AFTER  THE  PERSON  REACHES  THE  AGE  OF
TWENTY-THREE YEARS.
  S  4.  Subdivision  8 of section 50-e of the general municipal law, as
amended by chapter 24 of the  laws  of  1988,  is  amended  to  read  as
follows:
  8.  Inapplicability  of  section.  (A) This section shall not apply to
claims arising under the provisions of the  workers'  compensation  law,
the  volunteer  firefighters'  benefit  law,  or the volunteer ambulance
workers' benefit law or to claims against public corporations  by  their
own infant wards.
  (B)  THIS  SECTION  SHALL  NOT  APPLY  TO ANY CLAIM MADE FOR PHYSICAL,
PSYCHOLOGICAL, OR OTHER INJURY OR CONDITION  SUFFERED  AS  A  RESULT  OF
CONDUCT  OF  A  DEFENDANT  WHICH  WOULD  CONSTITUTE  A SEXUAL OFFENSE AS
DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST
A CHILD LESS THAN EIGHTEEN YEARS OF AGE, INCEST AS  DEFINED  IN  SECTION
255.25, 255.26 OR 255.27 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS
THAN  EIGHTEEN  YEARS OF AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORM-
ANCE AS DEFINED IN SECTION 263.05 OF THE PENAL LAW COMMITTED  AGAINST  A
CHILD LESS THAN EIGHTEEN YEARS OF AGE.
  S  5. Section 50-i of the general municipal law is amended by adding a
new subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS  SECTION
SHALL NOT APPLY TO ANY CLAIM MADE AGAINST A CITY, COUNTY, TOWN, VILLAGE,
FIRE  DISTRICT  OR SCHOOL DISTRICT FOR PHYSICAL, PSYCHOLOGICAL, OR OTHER
INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A DEFENDANT WHICH
WOULD CONSTITUTE A SEXUAL OFFENSE AS  DEFINED  IN  ARTICLE  ONE  HUNDRED
THIRTY  OF  THE  PENAL LAW COMMITTED AGAINST A  CHILD LESS THAN EIGHTEEN
YEARS OF AGE, INCEST AS DEFINED IN SECTION 255.25, 255.26 OR  255.27  OF
THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN EIGHTEEN YEARS OF AGE,
OR  THE  USE  OF  A  CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION
263.05 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
YEARS OF AGE.
  S  6. Section 10 of the court of claims act is amended by adding a new
subdivision 10 to read as follows:
  10. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THIS SECTION
SHALL NOT APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR PHYSICAL, PSYCHOLOG-
ICAL, OR OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF  A
DEFENDANT  WHICH WOULD CONSTITUTE A SEXUAL OFFENSE AS DEFINED IN ARTICLE
ONE HUNDRED THIRTY OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS  THAN

S. 7975                             3

EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.25, 255.26 OR
255.27 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
YEARS  OF  AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED
IN  SECTION  263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD LESS THAN
EIGHTEEN YEARS OF AGE.
  S 7. Subdivision 2 of section 3813 of the education law, as amended by
chapter 346 of the laws of 1978, is amended to read as follows:
  2. Notwithstanding anything to the contrary hereinbefore contained  in
this section, no action or special proceeding founded upon tort shall be
prosecuted  or  maintained  against  any  of  the  parties named in this
section or against any teacher or member of the supervisory or  adminis-
trative  staff  or employee where the alleged tort was committed by such
teacher or member or employee acting in  the  discharge  of  his  duties
within  the  scope  of  his employment and/or under the direction of the
board of education, trustee or trustees, or governing body of the school
unless a notice of claim shall have been made and served  in  compliance
with  section  fifty-e  of the general municipal law.  Every such action
shall be commenced pursuant to the provisions of section fifty-i of  the
general  municipal  law,  PROVIDED, HOWEVER, THAT THIS SECTION SHALL NOT
APPLY TO ANY CLAIM TO RECOVER DAMAGES FOR  PHYSICAL,  PSYCHOLOGICAL,  OR
OTHER INJURY OR CONDITION SUFFERED AS A RESULT OF CONDUCT OF A DEFENDANT
WHICH  WOULD  CONSTITUTE  A  SEXUAL  OFFENSE  AS  DEFINED IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW COMMITTED  AGAINST  A  CHILD  LESS  THAN
EIGHTEEN  YEARS  OF  AGE, INCEST AS DEFINED IN SECTION 255.25, 255.26 OR
255.27 OF THE PENAL LAW COMMITTED AGAINST A  CHILD  LESS  THAN  EIGHTEEN
YEARS  OF  AGE, OR THE USE OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED
IN SECTION 263.05 OF THE PENAL LAW COMMITTED AGAINST A CHILD  LESS  THAN
EIGHTEEN YEARS OF AGE.
  S  8.  Paragraph  (a)  of  subdivision  1 of section 413 of the social
services law, as separately amended by chapters 126 and 205 of the  laws
of 2014, is amended to read as follows:
  (a)  The  following  persons  and  officials are required to report or
cause a report to be made in accordance with this title when  they  have
reasonable  cause  to  suspect  that a child coming before them in their
professional or official capacity is an abused or maltreated  child,  or
when  they have reasonable cause to suspect that a child is an abused or
maltreated child where the parent, guardian, custodian or  other  person
legally  responsible  for  such child comes before them in their profes-
sional or official capacity and states from  personal  knowledge  facts,
conditions or circumstances which, if correct, would render the child an
abused  or maltreated child: any physician; registered physician assist-
ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
psychologist; registered nurse; social worker; emergency medical techni-
cian; licensed creative arts therapist;  licensed  marriage  and  family
therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
licensed behavior analyst; certified behavior analyst assistant;  hospi-
tal  personnel  engaged in the admission, examination, care or treatment
of persons; MEMBER OF THE  CLERGY;  a  Christian  Science  practitioner;
school  official,  which  includes but is not limited to school teacher,
school guidance counselor, school psychologist,  school  social  worker,
school nurse, school administrator or other school personnel required to
hold  a teaching or administrative license or certificate; full or part-
time compensated school employee required to hold a  temporary  coaching
license  or  professional  coaching certificate; social services worker;
director of a children's overnight camp, summer day  camp  or  traveling

S. 7975                             4

summer  day  camp, as such camps are defined in section thirteen hundred
ninety-two of the public health law; day care center worker;  school-age
child care worker; provider of family or group family day care; employee
or  volunteer  in  a  residential  care  facility  for  children that is
licensed, certified or operated by the office  of  children  and  family
services;  or  any other child care or foster care worker; mental health
professional;  substance  abuse  counselor;  alcoholism  counselor;  all
persons  credentialed  by  the  office of alcoholism and substance abuse
services; peace officer; police officer; district attorney or  assistant
district  attorney;  investigator  employed  in the office of a district
attorney; or other law enforcement official.
  S 9. Subdivision 1 of section  413  of  the  social  services  law  is
amended by adding five new paragraphs (e), (f), (g), (h) and (i) to read
as follows:
  (E)  UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE, A
MEMBER OF THE CLERGY, OR OTHER MINISTER OF ANY RELIGION OR DULY  ACCRED-
ITED  CHRISTIAN  SCIENCE  PRACTITIONER,  SHALL NOT BE REQUIRED TO MAKE A
REPORT  AS  REQUIRED  BY  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IF  THE
CONFESSION  OR  CONFIDENCE  WAS MADE TO HIM OR HER IN HIS OR HER PROFES-
SIONAL CHARACTER AS SPIRITUAL ADVISOR.
  (F) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
CHILD IS AN ABUSED  OR  MALTREATED  CHILD  BASED  UPON  ANY  INFORMATION
RECEIVED  OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO
PARAGRAPH (E) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY  SHALL
PROMPTLY  MAKE A REPORT AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
NOTWITHSTANDING THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A  REPORT
OF  ABUSE OR MALTREATMENT THROUGH A CONFESSION OR CONFIDENCE MADE PURSU-
ANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
  (G) THE PROVISIONS OF PARAGRAPH (E) OF THIS SUBDIVISION SHALL  NOT  BE
DEEMED  TO  EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER REQUIREMENTS OF
LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
  (H) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER-
GY" SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET  FORTH
IN  SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE
ANY PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELI-
GIOUS INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF  A  RELIGIOUS
INSTITUTION.
  (I)  FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "RELIGIOUS INSTITU-
TION" SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE  ITS  MEMBERS
TO  MEET  FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES OR A CONGRE-
GATION, SOCIETY, OR OTHER ASSEMBLAGE OF PERSONS WHO  ARE  ACCUSTOMED  TO
STATEDLY MEET FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT
HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION TWO OF
THE RELIGIOUS CORPORATIONS LAW.
  S  10. Article 6 of the social services law is amended by adding a new
title 6-B to read as follows:
                                TITLE 6-B
                REPORTS OF CHILD ABUSE TO LAW ENFORCEMENT
SECTION 429-A. PERSONS  AND  OFFICIALS  REQUIRED  TO  REPORT  CASES   OF
                 SUSPECTED  CHILD  ABUSE  TO APPROPRIATE LAW ENFORCEMENT
                 AGENCY.
        429-B. PENALTIES FOR FAILURE TO REPORT.
        429-C. IMMUNITY FROM LIABILITY.
        429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT  A  CHILD
                 IS AN ABUSED CHILD; DISTRICT ATTORNEY; PENALTY.

S. 7975                             5

  S  429-A.  PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF SUSPECTED
CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCY. 1. (A) THE  FOLLOWING
PERSONS  AND  OFFICIALS  ARE  REQUIRED TO REPORT OR CAUSE A REPORT TO BE
MADE TO AN APPROPRIATE LAW ENFORCEMENT AGENCY WHEN THEY HAVE  REASONABLE
CAUSE TO SUSPECT IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY THAT A CHILD
IS  AN  ABUSED  CHILD:  ANY  PHYSICIAN;  REGISTERED PHYSICIAN ASSISTANT;
SURGEON; MEDICAL EXAMINER; CORONER; DENTIST;  DENTAL  HYGIENIST;  OSTEO-
PATH;  OPTOMETRIST; CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOL-
OGIST; REGISTERED NURSE; EMERGENCY MEDICAL TECHNICIAN; HOSPITAL  PERSON-
NEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS;
MEMBER OF THE CLERGY; A CHRISTIAN SCIENCE PRACTITIONER; SCHOOL OFFICIAL;
SOCIAL  SERVICES  WORKER;  DAY CARE CENTER WORKER; PROVIDER OF FAMILY OR
GROUP FAMILY DAY CARE; EMPLOYEE  OR  VOLUNTEER  IN  A  RESIDENTIAL  CARE
FACILITY  OR  ANY  OTHER CHILD CARE OR FOSTER CARE WORKER; MENTAL HEALTH
PROFESSIONAL; SUBSTANCE ABUSE  COUNSELOR;  ALCOHOLISM  COUNSELOR;  PEACE
OFFICER;  POLICE OFFICER; DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTOR-
NEY; INVESTIGATOR EMPLOYED IN THE OFFICE  OF  A  DISTRICT  ATTORNEY;  OR
OTHER LAW ENFORCEMENT OFFICIAL.
  (B)  FOR  THE  PURPOSES  OF THIS SECTION THE TERM "ABUSED CHILD" SHALL
MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS UPON WHOM A PERSON EIGHTEEN
YEARS OF AGE OR MORE WHO IS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION
AND WHO IS NOT THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  SUCH
CHILD'S CARE:
  (I)  INTENTIONALLY  OR  RECKLESSLY  INFLICTS  PHYSICAL INJURY, SERIOUS
PHYSICAL INJURY OR DEATH, OR
  (II) INTENTIONALLY OR RECKLESSLY ENGAGES IN CONDUCT  WHICH  CREATES  A
SUBSTANTIAL  RISK  OF  SUCH  PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR
DEATH, OR
  (III) COMMITS OR ATTEMPTS TO COMMIT  AGAINST  A  CHILD  THE  CRIME  OF
DISSEMINATING  INDECENT  MATERIALS  TO  MINORS  PURSUANT  TO ARTICLE TWO
HUNDRED THIRTY-FIVE OF THE PENAL LAW, OR
  (IV) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE  HUNDRED  THIRTY
OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW.
  (C) FOR THE PURPOSES OF THIS SECTION THE TERM "LAW ENFORCEMENT AUTHOR-
ITIES"  SHALL  MEAN A MUNICIPAL POLICE DEPARTMENT, SHERIFF'S DEPARTMENT,
THE DIVISION OF STATE POLICE OR ANY OFFICER THEREOF OR A DISTRICT ATTOR-
NEY OR ASSISTANT DISTRICT ATTORNEY. NOTWITHSTANDING ANY OTHER  PROVISION
OF  LAW, LAW ENFORCEMENT AUTHORITIES SHALL NOT INCLUDE ANY CHILD PROTEC-
TIVE SERVICE OR ANY SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN AS
SUCH TERMS ARE DEFINED IN SECTION  FOUR  HUNDRED  TWENTY-THREE  OF  THIS
ARTICLE.
  (D)  FOR  THE PURPOSES OF THIS SECTION THE TERM "MEMBER OF THE CLERGY"
SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET  FORTH  IN
SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE ANY
PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELIGIOUS
INSTITUTION  OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS INSTI-
TUTION.
  (E) FOR THE PURPOSES OF THIS SECTION THE TERM "RELIGIOUS  INSTITUTION"
SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE ITS MEMBERS TO MEET
FOR  DIVINE  WORSHIP  OR  OTHER RELIGIOUS OBSERVANCES OR A CONGREGATION,
SOCIETY, OR OTHER ASSEMBLAGE OF PERSONS WHO ARE ACCUSTOMED  TO  STATEDLY
MEET  FOR  DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT HAVING
BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION  TWO  OF  THE
RELIGIOUS CORPORATIONS LAW.
  2. (A) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE,
A  MEMBER  OF  THE  CLERGY,  OR  OTHER  MINISTER OF ANY RELIGION OR DULY

S. 7975                             6

ACCREDITED CHRISTIAN SCIENCE PRACTITIONER, SHALL NOT BE REQUIRED TO MAKE
A REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
IF THE CONFESSION OR CONFIDENCE WAS MADE TO HIM OR HER  IN  HIS  OR  HER
PROFESSIONAL CHARACTER AS SPIRITUAL ADVISOR.
  (B) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
CHILD  IS AN ABUSED CHILD BASED UPON ANY INFORMATION RECEIVED OTHER THAN
THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT  TO  PARAGRAPH  (A)  OF
THIS  SUBDIVISION,  THEN SUCH MEMBER OF THE CLERGY SHALL PROMPTLY MAKE A
REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF  THIS  SECTION
NOTWITHSTANDING  THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A REPORT
OF ABUSE THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT  TO  PARAGRAPH
(A) OF THIS SUBDIVISION.
  (C)  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE
DEEMED TO EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER  REQUIREMENTS  OF
LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
  3.  NOTHING  IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE THE REPORT OF
INFORMATION BY A PERSON REQUIRED TO REPORT HEREIN WHEN SUCH  INFORMATION
IS OTHERWISE PRIVILEGED FROM DISCLOSURE BY LAW.
  S  429-B.  PENALTIES  FOR FAILURE TO REPORT. 1. ANY PERSON REQUIRED BY
THIS TITLE TO REPORT A CASE OF SUSPECTED CHILD ABUSE WHO WILLFULLY FAILS
TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR.
  2. ANY PERSON REQUIRED BY THIS TITLE TO REPORT  A  CASE  OF  SUSPECTED
CHILD  ABUSE WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO SHALL BE CIVILLY
LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
  S 429-C. IMMUNITY FROM LIABILITY. 1. ANY  PERSON  WHO  IN  GOOD  FAITH
MAKES  A REPORT OF ALLEGATIONS OF CHILD ABUSE AS REQUIRED BY THIS TITLE,
INCLUDING THOSE WHO IN GOOD FAITH MAKE A REPORT TO THE WRONG  RECIPIENT,
SHALL HAVE IMMUNITY FROM CRIMINAL LIABILITY WHICH MIGHT OTHERWISE RESULT
BY REASON OF SUCH ACTIONS.
  2. ANY PERSON WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF ALLE-
GATIONS  OF  CHILD  ABUSE AS REQUIRED BY THIS TITLE, SHALL HAVE IMMUNITY
FROM CIVIL LIABILITY WHICH MIGHT OTHERWISE  RESULT  BY  REASON  OF  SUCH
ACTIONS.
  S 429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD IS AN
ABUSED  CHILD; DISTRICT ATTORNEY; PENALTY. 1. WITHIN THREE MONTHS OF THE
EFFECTIVE DATE OF THIS SECTION, ALL MEMBERS OF  THE  CLERGY  SHALL:  (A)
REVIEW  ALL  INSTITUTIONAL  RECORDS  WITHIN  THEIR CONTROL AND ANY OTHER
INFORMATION THEY HAVE OBTAINED REGARDING ALLEGATIONS THAT A CHILD IS  AN
ABUSED  CHILD BY A MEMBER OF THE CLERGY WITHIN TWENTY YEARS PRIOR TO THE
EFFECTIVE DATE OF THIS SECTION; AND (B) REVIEW WHETHER THEY ARE AWARE OF
ANY OTHER ALLEGATIONS THAT A CHILD IS AN ABUSED CHILD  ALLEGED  TO  HAVE
BEEN  ABUSED  BY  A  MEMBER  OF  THE  CLERGY WHO REMAINS ACTIVELY IN THE
SERVICE OF A RELIGIOUS INSTITUTION, REGARDLESS OF THE DATE ON WHICH SUCH
ALLEGATION WAS MADE; AND WHERE SUCH INFORMATION OR RECORDS RAISE REASON-
ABLE CAUSE TO SUSPECT THAT A CHILD IS AN ABUSED CHILD, REPORT SUCH ALLE-
GATION TO THE DISTRICT ATTORNEY. THIS SECTION SHALL NOT APPLY TO  INFOR-
MATION  OBTAINED  THROUGH  CONFIDENTIAL  COMMUNICATIONS  WITH CLERGY AND
PRIVILEGED UNDER LAW AND NO REPORT NEED BE MADE OF ALLEGATIONS AGAINST A
DECEASED INDIVIDUAL.
  2. THE WILLFUL FAILURE OF AN INDIVIDUAL DEFINED IN  PARAGRAPH  (A)  OF
SUBDIVISION  ONE  OF SECTION FOUR HUNDRED TWENTY-NINE-A OF THIS TITLE TO
REVIEW EXISTING RECORDS AND INFORMATION AND REPORT ALLEGATIONS CONTAINED
THEREIN, AS PROVIDED BY THIS SECTION, SHALL BE A CLASS A MISDEMEANOR.
  S 11. The commissioner of the office of children and  family  services
shall  review  the  reporting  form used to report suspected child abuse
pursuant to section 429-a of the social services law and, if  necessary,

S. 7975                             7

shall  revise  such  form  to  make  it appropriate for reporting to law
enforcement agencies.
  S  12. The business corporation law is amended by adding a new section
113 to read as follows:
S 113. CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.
  ANY CORPORATION AS DEFINED BY SECTION ONE HUNDRED TWO OF THIS  ARTICLE
SHALL PERFORM A CRIMINAL HISTORY SEARCH ON ALL INDIVIDUALS THAT MAY WORK
OR  OTHERWISE  HAVE REASON IN THEIR DUTIES TO BE ENGAGED IN UNSUPERVISED
ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS  THAT
MAY PARTICIPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN
A SETTING WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
  S  13.  The  not-for-profit corporation law is amended by adding a new
section 116 to read as follows:
S 116. CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.
  ANY CORPORATION AS DEFINED BY SECTION ONE HUNDRED TWO OF THIS  ARTICLE
SHALL PERFORM A CRIMINAL HISTORY SEARCH ON ALL INDIVIDUALS THAT MAY WORK
OR  OTHERWISE  HAVE REASON IN THEIR DUTIES TO BE ENGAGED IN UNSUPERVISED
ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS  THAT
MAY PARTICIPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN
A SETTING WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
  S  14.  The  religious  corporations  law  is  amended by adding a new
section 28 to read as follows:
  S 28.  CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES.  ANY  RELIGIOUS
CORPORATION  AS  DEFINED  BY SECTION TWO OF THIS CHAPTER SHALL PERFORM A
CRIMINAL HISTORY SEARCH ON ALL INDIVIDUALS THAT MAY  WORK  OR  OTHERWISE
HAVE  REASON  IN  THEIR  DUTIES TO BE ENGAGED IN UNSUPERVISED ACTIVITIES
WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS THAT MAY PARTIC-
IPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN A SETTING
WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
  S 15. The cooperative corporations law is  amended  by  adding  a  new
section 6 to read as follows:
  S  6.  CHILD PROTECTION AND CRIMINAL HISTORY SEARCHES. ANY COOPERATIVE
CORPORATION AS DEFINED BY SECTION THREE OF THIS ARTICLE SHALL PERFORM  A
CRIMINAL  HISTORY  SEARCH  ON ALL INDIVIDUALS THAT MAY WORK OR OTHERWISE
HAVE REASON IN THEIR DUTIES TO BE  ENGAGED  IN  UNSUPERVISED  ACTIVITIES
WITH CHILDREN UNDER THE AGE OF EIGHTEEN; OR INDIVIDUALS THAT MAY PARTIC-
IPATE IN ACTIVITIES WITH CHILDREN UNDER THE AGE OF EIGHTEEN IN A SETTING
WITHOUT CONSTANT AGENCY OR PARENTAL OVERSIGHT.
  S  16. Section 14 of part J of chapter 62 of the laws of 2003 amending
the county law and other laws relating to fees collected, as amended  by
section  7  of  part  K of chapter 56 of the laws of 2010, is amended to
read as follows:
  S 14. Notwithstanding the provisions of any other  law:  (a)  the  fee
collected  by  the  office  of court administration for the provision of
criminal history searches and other searches  for  data  kept  electron-
ically  by  the  unified  court  system shall be sixty-five dollars; (b)
thirty-five dollars of each such fee collected shall be deposited in the
indigent legal services fund established by section 98-b  of  the  state
finance law, as added by section twelve of this act, (c) nine dollars of
each such fee collected shall be deposited in the legal services assist-
ance fund established by section 98-c of the state finance law, as added
by  section  nineteen  of this act, (d) sixteen dollars of each such fee
collected shall be deposited to the  judiciary  data  processing  offset
fund established by section 94-b of the state finance law, [and] (e) the
remainder  shall  be deposited in the general fund[.], AND (F) PROVIDED,
HOWEVER, IF A CRIMINAL HISTORY SEARCH OR OTHER SEARCHES  FOR  DATA  KEPT

S. 7975                             8

ELECTRONICALLY  BY  THE UNIFIED COURT SYSTEM IS BEING REQUESTED BY OR ON
THE BEHALF OF A NOT-FOR-PROFIT CORPORATION, TO PERFORM A CRIMINAL HISTO-
RY SEARCH ON AN INDIVIDUAL THAT WOULD BE WORKING WITH CHILDREN UNDER THE
AGE  OF  EIGHTEEN,  THE OFFICE OF COURT ADMINISTRATION SHALL, SUBJECT TO
THE APPROVAL OF THE DIRECTOR OF THE BUDGET, ESTABLISH PROTOCOLS TO REIM-
BURSE THE NOT-FOR-PROFIT CORPORATION FOR  SEARCHES  CONDUCTED  AND  SUCH
REIMBURSEMENT  SHALL  COME FROM THE GENERAL FUND. THE DIVISION OF BUDGET
SHALL ALSO PROMULGATE REGULATIONS TO PREVENT NOT-FOR-PROFIT CORPORATIONS
FROM OVER UTILIZING THIS REIMBURSEMENT MECHANISM AND TO ASSURE THAT  ALL
REIMBURSED  SEARCH  FEES ARE USED FOR CRIMINAL HISTORY SEARCHES OF POSI-
TIONS THAT WOULD HAVE DIRECT INTERACTION WITH CHILDREN.
  S 17. The provisions of this  act  shall  be  severable,  and  if  any
clause,  sentence,  paragraph,  subdivision or part of this act shall be
adjudged by any court of competent  jurisdiction  to  be  invalid,  such
judgment  shall not affect, impair, or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  subdivision or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  S 18. This act shall take effect on the sixtieth day  after  it  shall
have become a law.

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Senate Bill S7975

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

2015-S7975 (ACTIVE) - Details

2015-S7975 (ACTIVE) - Summary

2015-S7975 (ACTIVE) - Sponsor Memo

2015-S7975 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7975

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Sponsored By

Andrew J. Lanza

Archive: Last Bill Status - In Senate Committee Codes Committee

co-Sponsors

Patty Ritchie

Phil Boyle

2015-S7975 (ACTIVE) - Details

2015-S7975 (ACTIVE) - Summary

2015-S7975 (ACTIVE) - Sponsor Memo

2015-S7975 (ACTIVE) - Bill Text download pdf

Comments