S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6937
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2019
                                ___________
 
 Introduced  by  M. of A. LENTOL, SCHIMMINGER -- Multi-Sponsored by -- M.
   of  A.  ABBATE,  ARROYO,  COLTON,  CYMBROWITZ,  ENGLEBRIGHT,  GUNTHER,
   LAVINE,  M. G. MILLER,  ORTIZ, PERRY, 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:
 § 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.
                                                            LBD10331-01-9
              

 A. 6937                             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.
   §  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.