NY State Senate Bill 2015-S8151

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
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Delivered to Governor
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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 14, 2016	referred to rules

2015-S8151 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Social Services Law
Laws Affected:: Add Art 6 Title 6-B §§429-a - 429-d, Soc Serv L; amd §130.00, Pen L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S2158
2019-2020: S1257
2021-2022: S2824
2023-2024: S4670

2015-S8151 (ACTIVE) - Summary

Requires certain persons to report child abuse or suspected child abuse to law enforcement authorities.

2015-S8151 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8151

 TITLE OF BILL :

An act to amend the social services law and the penal law, in relation
to the reporting of child abuse

 PURPOSE :

To require mandated reporters to report to law enforcement suspected
child abuse involving a person in a position of authority or a
position of trust.

 SUMMARY OF PROVISIONS :

Section 1 adds a new title 6-B of the Social Services law to create
reporting requirements of child abuse to law enforcement involving
persons in a position of authority or a position of trust and provides
for penalties for willful failure to report and immunity from
liability. It also provides a penalty for the willful failure of a
mandated reporter to review existing records and information and
report allegations.

Section 2 amends the penal law to definitions for a "position of
authority" and a "position of trust".

Section 3 directs the Commissioner of the Office of Children and
Family Services to review the form used to report suspected child
abuse and revise, if necessary, to make it appropriate for reporting
to law enforcement agencies.

Section 4 sets the effective date on the sixtieth day after it shall
have become a law.

 JUSTIFICATION :

New York currently has a system in place mandating specified
individuals to report suspected child abuse or maltreatment. This
system, however, is constrained by the Family Court Act which defines
an abused child as "a child less than eighteen years of age whose
parent or other person legally responsible for his care" commits
certain delineated acts. As a result of this language, mandated
reporters are only required to report suspected instances of child
abuse that occur in a domestic setting. However, as countless recent
cases indicate, all too often abuse happens at the hands of those
outside of the family, by those in positions of authority or
trust-teachers, coaches, troop leaders, supervisors, counselors, etc.

For example, just last month in Dutchess County a prominent County
Legislator and Boy Scout Troop Leader was convicted of sexually
abusing two boy scouts in his troop. When asked why the boys did not
immediately report the abuse, it was clear that the individual's
position of authority played a role in the delay, with news outlets
reporting that one boy even noted that the offender was viewed in the
community as 'a great guy' who 'so many people look up to.'

This case is not unusual as the majority of child sexual abuse happens
at the hands of someone that the child knows and trusts. In fact,
according to the National Sex Offender Public Registry, 60% of those
who sexually abuse children turn out to be individuals known to the
child, but are not family members.

Notably, situations in which an offender utilizes his or her position
of authority to coerce their victims to engage, or remain silent after
the fact, present a particular challenge for prosecutors as the
offender can avoid using explicit force and instead relies on his or
her ability to capitalize on that inherent power or trust to
manipulate the victim.

The state has a responsibility to ensure the health and safety of its
children and that means providing law enforcement and prosecutors with
the tools they need to identify, stop and prosecute abuse to the
fullest extent.

This bill will strengthen the law by amending the mandatory reporting
section of the Social Services Law to construct a system for these
individuals to utilize for reporting suspected abuse by a person in a
position of authority or position of trust to appropriate law
enforcement.

This mandatory reporting requirement will help bring victims out of
the shadows and assist in identifying more unreported/under-reported
cases of abuse in our communities and establish another significant
investigative tool for law enforcement.

 LEGISLATIVE HISTORY :

New bill

 FISCAL IMPLICATIONS :

None

 EFFECTIVE DATE :
On the sixtieth day after it shall have become a law.

2015-S8151 (ACTIVE) - Bill Text download pdf

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

                                  8151

                            I N  S E N A T E

                              June 14, 2016
                               ___________

Introduced  by  Sen.  SERINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the social services law and the penal law,  in  relation
  to the reporting of child abuse

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

  Section 1.  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 429-A. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES  OF  SUSPECTED
CHILD  ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCY. 1. (A) THOSE PERSONS
AND OFFICIALS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED THIR-
TEEN OF THIS ARTICLE SHALL BE 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: (I) A
PERSON BEING EIGHTEEN YEARS OLD OR MORE HAS ENGAGED IN CONDUCT SET FORTH
IN PARAGRAPH (B) OF THIS SUBDIVISION WITH A PERSON  LESS  THAN  FOURTEEN
YEARS  OLD;  OR  (II)  A  PERSON  BEING TWENTY-ONE YEARS OLD OR MORE HAS
ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION WITH A
PERSON LESS THAN SEVENTEEN YEARS OLD AND  THE  PERSON  BEING  TWENTY-ONE
YEARS  OLD  OR  MORE  HAS  AUTHORITY, PERCEIVED AUTHORITY, A POSITION OF
TRUST, SUPERVISORY OR DISCIPLINARY  POWER  OVER  THE  PERSON  LESS  THAN
SEVENTEEN YEARS OLD BY VIRTUE OF HIS OR HER LEGAL, PROFESSIONAL, OCCUPA-
TIONAL  OR  VOCATIONAL  STATUS; OR (III) A PERSON HAS ENGAGED IN CONDUCT
SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION WITH A PERSON UNDER TWEN-

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

                                                           LBD15577-02-6

S. 8151                             2

TY-ONE YEARS OF AGE WHO HAS A  HANDICAPPING  CONDITION,  AS  DEFINED  IN
SECTION  FORTY-FOUR HUNDRED ONE OF THE EDUCATION LAW AND WHO IS ENTITLED
TO RESIDENTIAL CARE DUE TO SUCH HANDICAPPING CONDITION.
  (B)  THE  FOLLOWING CONDUCT, IF COMMITTED BY A PERSON DEFINED IN PARA-
GRAPH (A) OF THIS SUBDIVISION SHALL, FOR THE PURPOSES OF  THIS  SECTION,
CONSTITUTE "CHILD ABUSE" AND SHALL REQUIRE A REPORT:
  (I)  INTENTIONALLY  OR  RECKLESSLY INFLICTING PHYSICAL INJURY, SERIOUS
PHYSICAL INJURY OR DEATH, OR
  (II) INTENTIONALLY OR RECKLESSLY ENGAGING IN CONDUCT WHICH  CREATES  A
SUBSTANTIAL  RISK  OF  SUCH  PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR
DEATH, OR
  (III) COMMITTING OR ATTEMPTING 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) ENGAGING 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.
  2. REPORTS OF SUSPECTED CHILD ABUSE SHALL BE MADE IMMEDIATELY BY TELE-
PHONE OR BY TELEPHONE FACSIMILE ON A FORM SUPPLIED BY  THE  COMMISSIONER
OF  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES TO AN APPROPRIATE LAW
ENFORCEMENT AGENCY.   SUCH TELEPHONE REPORTS  SHALL  BE  FOLLOWED  BY  A
REPORT  IN WRITING WITHIN TWENTY-FOUR HOURS AFTER SUCH ORAL REPORT.  THE
PROVISIONS OF ARTICLE TWENTY-THREE-B OF THE EDUCATION  LAW  SHALL  APPLY
WHEN  ALLEGATIONS  OF  ABUSE OR MALTREATMENT BY AN EMPLOYEE OR VOLUNTEER
UNDER SUCH ARTICLE ARE MADE IN AN EDUCATIONAL SETTING.  NOTHING IN  THIS
SUBDIVISION  SHALL REQUIRE A PERSON OR OFFICIAL REQUIRED TO REPORT CASES
OF SUSPECTED CHILD ABUSE TO ADDITIONALLY NOTIFY THE  STATEWIDE  REGISTER
OF CHILD ABUSE AND MALTREATMENT UNLESS THE RELATIONSHIP OF THE VICTIM TO
THE  ALLEGED  PERPETRATOR  IS  IN  DOUBT.    NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW, LAW ENFORCEMENT AGENCY SHALL  NOT  INCLUDE  ANY  CHILD
PROTECTIVE SERVICE OR ANY SOCIETY FOR THE PREVENTION OF CRUELTY TO CHIL-
DREN  AS  SUCH TERMS ARE DEFINED IN SECTION FOUR HUNDRED TWENTY-THREE OF
THIS ARTICLE.
  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. 8151                             3

  S 429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD IS AN
ABUSED CHILD; DISTRICT ATTORNEY; PENALTY.   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 2. Section 130.00 of the penal law is  amended  by  adding  two  new
subdivisions 14 and 15 to read as follows:
  14.  "POSITION OF AUTHORITY" INCLUDES BUT IS NOT LIMITED TO ANY PERSON
WHO IS A TEACHER, EMPLOYER, BABYSITTER, COACH, OR ANY OTHER PERSON  WHO,
NO MATTER HOW BRIEF, IS AT THE TIME OF THE ACT:
  (A) ACTING IN THE PLACE OF A PARENT AND CHARGED WITH ANY OF A PARENT'S
RIGHTS, DUTIES OR RESPONSIBILITIES TO A CHILD, OR
  (B)  A  PERSON  WHO IS CHARGED WITH ANY DUTY OR RESPONSIBILITY FOR THE
HEALTH, WELFARE, OR SUPERVISION OF  A  CHILD,  EITHER  INDEPENDENTLY  OR
THROUGH ANOTHER.
  15.  "POSITION OF TRUST" INCLUDES BUT IS NOT LIMITED TO ANY PERSON WHO
IS A TEACHER, EMPLOYER, BABYSITTER, COACH OR ANY OTHER  PERSON  WHO,  BY
REASON OF HIS POSITION, IS ABLE TO EXERCISE SIGNIFICANT INFLUENCE OVER A
CHILD AT THE TIME OF THE ACT.
  S  3.  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, as added by
section one of this act, and, if necessary, shall revise  such  form  to
make it appropriate for reporting to law enforcement agencies.
  S  4.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Senate Bill S8151

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2015-S8151 (ACTIVE) - Details

2015-S8151 (ACTIVE) - Summary

2015-S8151 (ACTIVE) - Sponsor Memo

2015-S8151 (ACTIVE) - Bill Text download pdf

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Sponsored By

Susan Serino

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

2015-S8151 (ACTIVE) - Details

2015-S8151 (ACTIVE) - Summary

2015-S8151 (ACTIVE) - Sponsor Memo

2015-S8151 (ACTIVE) - Bill Text download pdf

Comments