assembly Bill A6662

2019-2020 Legislative Session

Enacts the child abuse reporting expansion act

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 14, 2019 referred to children and families

Co-Sponsors

A6662 (ACTIVE) - Details

See Senate Version of this Bill:
S5711
Current Committee:
Assembly Children And Families
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §4505, CPLR; amd §§413 & 420, Soc Serv L

A6662 (ACTIVE) - Summary

Enacts the child abuse reporting expansion act which restricts the privileges of clergy members requiring reporting of child abuse or mistreatment and makes clergy members required reporters of child abuse or mistreatment.

A6662 (ACTIVE) - Bill Text download pdf


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

                                  6662

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2019
                               ___________

Introduced  by M. of A. WALLACE -- read once and referred to the Commit-
  tee on Children and Families

AN ACT to amend the civil practice law and rules and the social services
  law, in relation to the "child abuse reporting expansion (CARE) act"

  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 "child
abuse reporting expansion (CARE) act".
  § 2. Section 4505 of the civil practice law and rules, as  amended  by
chapter 520 of the laws of 1965, is amended to read as follows:
  §  4505.  Confidential  communication to clergy privileged. Unless the
person confessing or confiding waives the privilege, a [clergyman] CLER-
GY MEMBER, or other minister of any religion or duly  accredited  Chris-
tian Science practitioner, shall not be allowed TO disclose a confession
or  confidence made to him OR HER in his OR HER professional [character]
CAPACITY as spiritual advisor, EXCEPT WHEN THE CONFESSION OR  CONFIDENCE
RELATES  TO  A  MATTER  INVOLVING ABUSE OR MALTREATMENT OF A MINOR. SUCH
PRIVILEGE SHALL NOT BE GROUNDS FOR FAILURE TO REPORT A CASE OF SUSPECTED
CHILD ABUSE OR MALTREATMENT, AS REQUIRED BY SECTION FOUR  HUNDRED  THIR-
TEEN  OF THE SOCIAL SERVICES LAW, AND SHALL NOT BE GROUNDS FOR EXCLUDING
EVIDENCE OF CHILD ABUSE OR MALTREATMENT FROM ANY EXAMINATION, TRIAL,  OR
OTHER  JUDICIAL  PROCEEDING  IN  WHICH  THE  COMMISSION OF SUCH ABUSE OR
MALTREATMENT IS A SUBJECT OF INQUIRY.
  § 3. Paragraph (a) of subdivision 1  of  section  413  of  the  social
services  law,  as  amended  by section 7 of part C of chapter 57 of the
laws of 2018, 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

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

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