S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2158--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens. SERINO, HELMING -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Children  and
   Families  --  reported  favorably from said committee and committed to
   the Committee  on  Finance  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 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.
   §  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  (C)  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 (C) OF THIS SUBDIVISION WITH A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04892-06-7

 S. 2158--A                          2
 
 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 (C) OF THIS SUBDIVISION WITH A PERSON UNDER TWEN-
 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) ANY PERSON, IN HIS OR HER  OFFICIAL  OR  PROFESSIONAL  SUPERVISORY
 CAPACITY  WITH A NONPROFIT OR FOR-PROFIT ORGANIZATION, SHALL BE REQUIRED
 TO REPORT OR CAUSE A REPORT TO BE MADE TO AN APPROPRIATE LAW ENFORCEMENT
 AGENCY WHEN THEY HAVE REASONABLE CAUSE TO BELIEVE  THAT  A  PERSON  OVER
 WHOM  HE OR SHE REGULARLY EXERCISES SUPERVISORY AUTHORITY HAS ENGAGED IN
 CONDUCT SET FORTH UNDER THIS PARAGRAPH PROVIDED THAT THE PERSON  ALLEGED
 TO  HAVE ENGAGED IN SUCH CONDUCT IS EMPLOYED BY, CONTRACTED BY, OR REGU-
 LARLY HAS UNSUPERVISED ACCESS TO A CHILD OR  CHILDREN  AS  PART  OF  THE
 EMPLOYMENT,  CONTRACT,  OR  FORMAL  ROLE  WITH THE ORGANIZATION, PAID OR
 UNPAID. CONDUCT  WHICH  REQUIRES  REPORTING  UNDER  THIS  ARTICLE  SHALL
 INCLUDE  INSTANCES  WHERE: (I) A PERSON BEING EIGHTEEN YEARS OLD OR MORE
 HAS ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH (C)  OF  THIS  SUBDIVISION
 WITH A PERSON LESS THAN FOURTEEN YEARS OLD; OR (II) A PERSON BEING TWEN-
 TY-ONE  YEARS  OLD OR MORE HAS ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH
 (C) 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, OCCUPATIONAL, ORGANIZATIONAL,  OR  VOCATIONAL  STATUS;  OR
 (III) A PERSON HAS ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH (C) OF THIS
 SUBDIVISION WITH A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO HAS A HANDI-
 CAPPING  CONDITION,  AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE OF THE
 EDUCATION LAW AND WHO IS ENTITLED TO RESIDENTIAL CARE DUE TO SUCH HANDI-
 CAPPING CONDITION.
   (C) THE FOLLOWING CONDUCT, IF COMMITTED BY A PERSON DEFINED  IN  PARA-
 GRAPH  (A)  OR  (B)  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.
   (D) FOR THE PURPOSES OF THIS SECTION THE TERM:
   (I) "LAW  ENFORCEMENT  AUTHORITIES"  SHALL  MEAN  A  MUNICIPAL  POLICE
 DEPARTMENT,  SHERIFF'S  DEPARTMENT,  THE DIVISION OF STATE POLICE OR ANY
 OFFICER THEREOF OR A DISTRICT ATTORNEY OR ASSISTANT  DISTRICT  ATTORNEY.
 NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, LAW ENFORCEMENT AUTHORITIES
 SHALL NOT INCLUDE ANY CHILD PROTECTIVE 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; AND
   (II) "ORGANIZATION" SHALL MEAN A SOLE PROPRIETOR, PARTNERSHIP,  CORPO-
 RATION,  LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, FINANCIAL INSTI-

 S. 2158--A                          3

 TUTION, GOVERNMENTAL ENTITY OTHER THAN THE FEDERAL GOVERNMENT,  AND  ANY
 OTHER  INDIVIDUAL  OR  GROUP ENGAGED IN A TRADE, OCCUPATION, ENTERPRISE,
 GOVERNMENTAL FUNCTION, CHARITABLE FUNCTION, OR SIMILAR ACTIVITY IN  THIS
 STATE WHETHER OR NOT THE ENTITY IS OPERATED AS A NONPROFIT OR FOR-PROFIT
 ENTITY.
   (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) OR (B) 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
 CONDUCT  DESCRIBED UNDER THIS SECTION HAS OCCURRED BASED UPON ANY INFOR-
 MATION 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) OR  (B)
 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 PURSUANT 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.
   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.
   § 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.

 S. 2158--A                          4
 
   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.
   §  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.
   § 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.
   § 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.
   §  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.
   §  4.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2158--B
     Cal. No. 1334
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced by Sens. SERINO, HELMING, MARCHIONE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Children
   and  Families  -- reported favorably from said committee and committed
   to the Committee on Finance --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   recommitted to the Committee on Children and  Families  in  accordance
   with  Senate  Rule 6, sec. 8 -- reported favorably from said committee
   and committed to the Committee on Finance -- reported  favorably  from
   said  committee,  ordered  to  first  report, amended on first report,
   ordered to a second report and ordered reprinted, retaining its  place
   in the order of second report
 
 AN ACT to amend the social services 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. DEFINITIONS.
         429-B.  PERSONS  AND  OFFICIALS  REQUIRED  TO  REPORT  CASES  OF
                   SUSPECTED CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT.
         429-C. PENALTIES FOR FAILURE TO REPORT.
         429-D. IMMUNITY FROM LIABILITY.
   § 429-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE THE TERM :
   1. "ABUSED CHILD" SHALL MEAN A CHILD UNDER THE AGE OF  EIGHTEEN  YEARS
 UPON  WHOM  A PERSON EIGHTEEN YEARS OF AGE OR MORE WHO IS NOT THE PARENT
 OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD'S CARE:
   (A) INTENTIONALLY OR  RECKLESSLY  INFLICTS  PHYSICAL  INJURY,  SERIOUS
 PHYSICAL INJURY OR DEATH, OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04892-07-8

 S. 2158--B                          2
 
   (B)  INTENTIONALLY  OR  RECKLESSLY  ENGAGES IN CONDUCT WHICH CREATES A
 SUBSTANTIAL RISK OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY  OR  DEATH,
 OR
   (C) COMMITS OR ATTEMPTS TO COMMIT AGAINST A CHILD THE CRIME OF DISSEM-
 INATING  INDECENT  MATERIALS  TO  MINORS PURSUANT TO ARTICLE TWO HUNDRED
 THIRTY-FIVE OF THE PENAL LAW, OR
   (D) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY OR
 TWO HUNDRED SIXTY-THREE OF THE PENAL LAW;
   2. "LAW ENFORCEMENT AUTHORITIES" SHALL MEAN A MUNICIPAL POLICE DEPART-
 MENT, SHERIFF'S DEPARTMENT, THE DIVISION OF STATE POLICE OR ANY  OFFICER
 THEREOF  OR A DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY. NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, LAW ENFORCEMENT  AUTHORITIES  SHALL
 NOT  INCLUDE  ANY  CHILD  PROTECTIVE  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;
   3.  "ORGANIZATION"  SHALL  MEAN A SOLE PROPRIETOR, PARTNERSHIP, CORPO-
 RATION, LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, FINANCIAL  INSTI-
 TUTION,  GOVERNMENTAL  ENTITY OTHER THAN THE FEDERAL GOVERNMENT, AND ANY
 OTHER INDIVIDUAL OR GROUP ENGAGED IN A  TRADE,  OCCUPATION,  ENTERPRISE,
 GOVERNMENTAL  FUNCTION, CHARITABLE FUNCTION, OR SIMILAR ACTIVITY IN THIS
 STATE WHETHER OR NOT THE ENTITY IS OPERATED AS A NONPROFIT OR FOR-PROFIT
 ENTITY;
   4. "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 INSTITUTION;
   5. "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 RELI-
 GIOUS OBSERVANCES, WITHOUT HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS
 PROVIDED IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW.
   § 429-B. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES  OF  SUSPECTED
 CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT. 1. 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; OSTEOPATH; OPTOME-
 TRIST;  CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOLOGIST; REGIS-
 TERED NURSE; SOCIAL WORKER; EMERGENCY MEDICAL TECHNICIAN; LICENSED CREA-
 TIVE ARTS THERAPIST; LICENSED MARRIAGE AND  FAMILY  THERAPIST;  LICENSED
 MENTAL  HEALTH  COUNSELOR;  LICENSED  PSYCHOANALYST;  LICENSED  BEHAVIOR
 ANALYST;  CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT;  HOSPITAL   PERSONNEL
 ENGAGED  IN  THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS; A
 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 TEACH-
 ING OR ADMINISTRATIVE LICENSE OR CERTIFICATE; FULL OR PART-TIME  COMPEN-
 SATED  SCHOOL  EMPLOYEE REQUIRED TO HOLD A TEMPORARY COACHING LICENSE OR
 PROFESSIONAL COACHING CERTIFICATE; SOCIAL SERVICES WORKER; EMPLOYEE OF A
 PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH  CHILDREN;  DIRECTOR
 OF  A CHILDREN'S OVERNIGHT CAMP, SUMMER DAY CAMP OR TRAVELING SUMMER DAY
 CAMP, AS SUCH CAMPS ARE DEFINED IN SECTION THIRTEEN  HUNDRED  NINETY-TWO

 S. 2158--B                          3
 
 OF  THE PUBLIC HEALTH LAW; DAY CARE CENTER WORKER; SCHOOL-AGE CHILD CARE
 WORKER; PROVIDER OF FAMILY OR GROUP FAMILY DAY CARE; EMPLOYEE OR  VOLUN-
 TEER  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 CREDEN-
 TIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES; EMPLOY-
 EES, WHO ARE EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHIL-
 DREN, OF A HEALTH HOME OR HEALTH HOME CARE MANAGEMENT AGENCY CONTRACTING
 WITH A HEALTH HOME AS DESIGNATED BY THE DEPARTMENT OF HEALTH AND AUTHOR-
 IZED UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THIS  CHAPTER  OR  SUCH
 EMPLOYEES  WHO  PROVIDE HOME AND COMMUNITY BASED SERVICES UNDER A DEMON-
 STRATION PROGRAM PURSUANT TO  SECTION  ELEVEN  HUNDRED  FIFTEEN  OF  THE
 FEDERAL  SOCIAL  SECURITY  ACT  WHO  ARE  EXPECTED  TO  HAVE REGULAR AND
 SUBSTANTIAL  CONTACT  WITH  CHILDREN;  PEACE  OFFICER;  POLICE  OFFICER;
 DISTRICT  ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
 IN THE OFFICE OF A DISTRICT ATTORNEY; OTHER LAW ENFORCEMENT OFFICIAL; OR
 ANY PERSON, THROUGH HIS OR HER AFFILIATION, OR IN HIS OR  HER  OFFICIAL,
 PROFESSIONAL,  OR  SUPERVISORY  CAPACITY, EITHER PAID OR UNPAID, WITH AN
 ORGANIZATION THAT PROVIDES SERVICES, PROGRAMMING  OR  SUPERVISION  TO  A
 PERSON LESS THAN EIGHTEEN YEARS OF AGE.
   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 CHILDREN AS SUCH
 TERMS ARE DEFINED IN SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
   3. 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 SUBDIVISION TWO OF THIS SECTION IF THE CONFESSION
 OR CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER PROFESSIONAL  CHARAC-
 TER AS SPIRITUAL ADVISOR.
   4.  WHEN  A  MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT
 CONDUCT DESCRIBED UNDER THIS SECTION HAS OCCURRED BASED UPON ANY  INFOR-
 MATION  RECEIVED  OTHER  THAN  THROUGH  A  CONFESSION OR CONFIDENCE MADE
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THEN SUCH MEMBER  OF  THE
 CLERGY  SHALL  PROMPTLY  MAKE A REPORT AS REQUIRED BY SUBDIVISION TWO OF
 THIS SECTION NOTWITHSTANDING THE FACT THAT  HE  OR  SHE  MAY  HAVE  ALSO
 RECEIVED  A  REPORT  OF  ABUSE  OR  MALTREATMENT THROUGH A CONFESSION OR
 CONFIDENCE MADE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   5. THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION  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.
   6. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF  SUSPECTED  CHILD
 ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCIES ARE REQUIRED TO COMPLETE A
 TRAINING  PROGRAM  IN  THE  IDENTIFICATION AND REPORTING OF CHILD ABUSE.

 S. 2158--B                          4
 
 SUCH PROGRAM SHALL BE APPROVED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES.  THE  COMMISSIONER  SHALL  PROVIDE PUBLIC NOTICE THAT MANDATED
 REPORTING TRAINING MATERIALS AND INFORMATION HAVE BEEN UPDATED AND SHALL
 PRESCRIBE  A  PERIOD  OF  COMPLIANCE  FOR  MANDATED REPORTERS TO RECEIVE
 UPDATED TRAINING INFORMATION, INCLUDING BUT  NOT  LIMITED  TO,  TRAINING
 DISTRIBUTED BY THE OFFICE ON ITS PUBLIC WEBSITE.
   §  429-C.  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.
   § 429-D. 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.
   §  2. This act shall take effect one year after it shall have become a
 law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2158--C
     Cal. No. 1334
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 12, 2017
                                ___________
 
 Introduced  by  Sens.  SERINO,  AKSHAR,  GALLIVAN,  HELMING,  MARCHIONE,
   RANZENHOFER -- read twice and ordered printed, and when printed to  be
   committed to the Committee on Children and Families -- reported favor-
   ably  from said committee and committed to the Committee on Finance --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee -- recommitted to the Committee on Chil-
   dren and Families in accordance with Senate Rule 6, sec. 8 -- reported
   favorably  from  said  committee  and  committed  to  the Committee on
   Finance -- reported favorably from said committee,  ordered  to  first
   report,  amended  on  first  report,  ordered  to  a second report and
   ordered reprinted, retaining its place in the order of  second  report
   --  ordered to a third reading, amended and ordered reprinted, retain-
   ing its place in the order of third reading
 
 AN ACT to amend the social services 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. DEFINITIONS.
         429-B.  PERSONS  AND  OFFICIALS  REQUIRED  TO  REPORT  CASES  OF
                   SUSPECTED CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT.
         429-C. PENALTIES FOR FAILURE TO REPORT.
         429-D. IMMUNITY FROM LIABILITY.
   § 429-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE THE TERM :
   1.  "ABUSED  CHILD" SHALL MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS
 UPON WHOM A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS NOT THE  PARENT
 OR OTHER PERSON LEGALLY RESPONSIBLE FOR SUCH CHILD'S CARE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04892-09-8

 S. 2158--C                          2
 
   (A)  INTENTIONALLY  OR  RECKLESSLY  INFLICTS  PHYSICAL INJURY, SERIOUS
 PHYSICAL INJURY OR DEATH, OR
   (B)  INTENTIONALLY  OR  RECKLESSLY  ENGAGES IN CONDUCT WHICH CREATES A
 SUBSTANTIAL RISK OF PHYSICAL INJURY, SERIOUS PHYSICAL INJURY  OR  DEATH,
 OR
   (C) COMMITS OR ATTEMPTS TO COMMIT AGAINST A CHILD THE CRIME OF DISSEM-
 INATING  INDECENT  MATERIALS  TO  MINORS PURSUANT TO ARTICLE TWO HUNDRED
 THIRTY-FIVE OF THE PENAL LAW, OR
   (D) ENGAGES IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY OR
 TWO HUNDRED SIXTY-THREE OF THE PENAL LAW;
   2. "LAW ENFORCEMENT AUTHORITIES" SHALL MEAN A MUNICIPAL POLICE DEPART-
 MENT, SHERIFF'S DEPARTMENT, THE DIVISION OF STATE POLICE OR ANY  OFFICER
 THEREOF  OR A DISTRICT ATTORNEY OR ASSISTANT DISTRICT ATTORNEY. NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, LAW ENFORCEMENT  AUTHORITIES  SHALL
 NOT  INCLUDE  ANY  CHILD  PROTECTIVE  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;
   3.  "ORGANIZATION"  SHALL  MEAN A SOLE PROPRIETOR, PARTNERSHIP, CORPO-
 RATION, LIMITED LIABILITY COMPANY, TRUST, ASSOCIATION, FINANCIAL  INSTI-
 TUTION,  GOVERNMENTAL  ENTITY OTHER THAN THE FEDERAL GOVERNMENT, AND ANY
 OTHER INDIVIDUAL OR GROUP ENGAGED IN A  TRADE,  OCCUPATION,  ENTERPRISE,
 GOVERNMENTAL  FUNCTION, CHARITABLE FUNCTION, OR SIMILAR ACTIVITY IN THIS
 STATE WHETHER OR NOT THE ENTITY IS OPERATED AS A NONPROFIT OR FOR-PROFIT
 ENTITY;
   4. "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 INSTITUTION;
   5. "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 RELI-
 GIOUS OBSERVANCES, WITHOUT HAVING BEEN INCORPORATED FOR THAT PURPOSE, AS
 PROVIDED IN SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW.
   § 429-B. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES  OF  SUSPECTED
 CHILD ABUSE TO APPROPRIATE LAW ENFORCEMENT. 1. 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; OSTEOPATH; OPTOME-
 TRIST;  CHIROPRACTOR; PODIATRIST; RESIDENT; INTERN; PSYCHOLOGIST; REGIS-
 TERED NURSE; SOCIAL WORKER; EMERGENCY MEDICAL TECHNICIAN; LICENSED CREA-
 TIVE ARTS THERAPIST; LICENSED MARRIAGE AND  FAMILY  THERAPIST;  LICENSED
 MENTAL  HEALTH  COUNSELOR;  LICENSED  PSYCHOANALYST;  LICENSED  BEHAVIOR
 ANALYST;  CERTIFIED  BEHAVIOR  ANALYST  ASSISTANT;  HOSPITAL   PERSONNEL
 ENGAGED  IN  THE ADMISSION, EXAMINATION, CARE OR TREATMENT OF PERSONS; A
 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 TEACH-
 ING OR ADMINISTRATIVE LICENSE OR CERTIFICATE; FULL OR PART-TIME  COMPEN-
 SATED  SCHOOL  EMPLOYEE REQUIRED TO HOLD A TEMPORARY COACHING LICENSE OR
 PROFESSIONAL COACHING CERTIFICATE; SOCIAL SERVICES WORKER; EMPLOYEE OF A
 PUBLICLY-FUNDED EMERGENCY SHELTER FOR FAMILIES WITH  CHILDREN;  DIRECTOR

 S. 2158--C                          3
 
 OF  A CHILDREN'S OVERNIGHT CAMP, SUMMER DAY CAMP OR TRAVELING 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 VOLUN-
 TEER 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 CREDEN-
 TIALED BY THE OFFICE OF ALCOHOLISM AND SUBSTANCE ABUSE SERVICES; EMPLOY-
 EES, WHO ARE EXPECTED TO HAVE REGULAR AND SUBSTANTIAL CONTACT WITH CHIL-
 DREN, OF A HEALTH HOME OR HEALTH HOME CARE MANAGEMENT AGENCY CONTRACTING
 WITH A HEALTH HOME AS DESIGNATED BY THE DEPARTMENT OF HEALTH AND AUTHOR-
 IZED UNDER SECTION THREE HUNDRED SIXTY-FIVE-L OF THIS  CHAPTER  OR  SUCH
 EMPLOYEES  WHO  PROVIDE HOME AND COMMUNITY BASED SERVICES UNDER A DEMON-
 STRATION PROGRAM PURSUANT TO  SECTION  ELEVEN  HUNDRED  FIFTEEN  OF  THE
 FEDERAL  SOCIAL  SECURITY  ACT  WHO  ARE  EXPECTED  TO  HAVE REGULAR AND
 SUBSTANTIAL  CONTACT  WITH  CHILDREN;  PEACE  OFFICER;  POLICE  OFFICER;
 DISTRICT  ATTORNEY OR ASSISTANT DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED
 IN THE OFFICE OF A DISTRICT ATTORNEY; OTHER LAW ENFORCEMENT OFFICIAL; OR
 ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER, THROUGH  HIS  OR  HER  AFFIL-
 IATION,  OR IN HIS OR HER OFFICIAL, PROFESSIONAL, OR SUPERVISORY CAPACI-
 TY, EITHER PAID OR UNPAID, WITH AN ORGANIZATION THAT PROVIDES  SERVICES,
 PROGRAMMING OR SUPERVISION TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE.
   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 CHILDREN AS SUCH
 TERMS ARE DEFINED IN SECTION FOUR HUNDRED TWENTY-THREE OF THIS ARTICLE.
   3. 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 SUBDIVISION TWO OF THIS SECTION IF THE CONFESSION
 OR CONFIDENCE WAS MADE TO HIM OR HER IN HIS OR HER PROFESSIONAL  CHARAC-
 TER AS SPIRITUAL ADVISOR.
   4.  WHEN  A  MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT
 CONDUCT DESCRIBED UNDER THIS SECTION HAS OCCURRED BASED UPON ANY  INFOR-
 MATION  RECEIVED  OTHER  THAN  THROUGH  A  CONFESSION OR CONFIDENCE MADE
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION, THEN SUCH MEMBER  OF  THE
 CLERGY  SHALL  PROMPTLY  MAKE A REPORT AS REQUIRED BY SUBDIVISION TWO OF
 THIS SECTION NOTWITHSTANDING THE FACT THAT  HE  OR  SHE  MAY  HAVE  ALSO
 RECEIVED  A  REPORT  OF  ABUSE  OR  MALTREATMENT THROUGH A CONFESSION OR
 CONFIDENCE MADE PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   5. THE PROVISIONS OF SUBDIVISION THREE OF THIS SECTION  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.

 S. 2158--C                          4
 
   6. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES OF  SUSPECTED  CHILD
 ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCIES ARE REQUIRED TO COMPLETE A
 TRAINING  PROGRAM  IN  THE  IDENTIFICATION AND REPORTING OF CHILD ABUSE.
 SUCH PROGRAM SHALL BE APPROVED BY THE  OFFICE  OF  CHILDREN  AND  FAMILY
 SERVICES.  THE  COMMISSIONER  SHALL  PROVIDE PUBLIC NOTICE THAT MANDATED
 REPORTING TRAINING MATERIALS AND INFORMATION HAVE BEEN UPDATED AND SHALL
 PRESCRIBE A PERIOD OF  COMPLIANCE  FOR  MANDATED  REPORTERS  TO  RECEIVE
 UPDATED  TRAINING  INFORMATION,  INCLUDING  BUT NOT LIMITED TO, TRAINING
 DISTRIBUTED BY THE OFFICE ON ITS PUBLIC WEBSITE.
   § 429-C. 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.
   §  429-D.  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.
   § 2. This act shall take effect one year after it shall have become  a
 law.