senate Bill S5711B

2019-2020 Legislative Session

Enacts the child abuse reporting expansion act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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 (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 15, 2020 print number 5711b
Jul 15, 2020 amend and recommit to judiciary
Jul 14, 2020 print number 5711a
Jul 14, 2020 amend (t) and recommit to judiciary
Jan 08, 2020 referred to judiciary
May 13, 2019 referred to judiciary

S5711 - Details

See Assembly Version of this Bill:
A6662
Current Committee:
Senate Judiciary
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:
S1399, A888

S5711 - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

S5711 - Sponsor Memo

S5711 - Bill Text download pdf


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

                                  5711

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 13, 2019
                               ___________

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

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.

S5711A - Details

See Assembly Version of this Bill:
A6662
Current Committee:
Senate Judiciary
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:
S1399, A888

S5711A - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

S5711A - Sponsor Memo

S5711A - Bill Text download pdf


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

                                 5711--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 13, 2019
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the social services law, in relation to establishing the
  "child abuse reporting expansion 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 act".
  § 2. 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
maltreated  child  where  the  parent,  guardian,  custodian [or], other
person legally responsible for such child comes  before  them  in  their
professional  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
assistant;  surgeon;  medical examiner; coroner; dentist; dental hygien-
ist; 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

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

S5711B (ACTIVE) - Details

See Assembly Version of this Bill:
A6662
Current Committee:
Senate Judiciary
Law Section:
Social Services Law
Laws Affected:
Amd §413, Soc Serv L
Versions Introduced in 2021-2022 Legislative Session:
S1399, A888

S5711B (ACTIVE) - Summary

Enacts the child abuse reporting expansion act; relates to making clergy members required reporters of child abuse or mistreatment.

S5711B (ACTIVE) - Sponsor Memo

S5711B (ACTIVE) - Bill Text download pdf


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

                                 5711--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                              May 13, 2019
                               ___________

Introduced  by  Sen. HOYLMAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary  --  recommitted
  to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted  to  said  committee  --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the social services law, in relation to establishing the
  "child abuse reporting expansion 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 act".
  § 2. 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
maltreated  child  where  the  parent,  guardian,  custodian [or], other
person legally responsible for such child comes  before  them  in  their
professional  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
assistant;  surgeon;  medical examiner; coroner; dentist; dental hygien-
ist; 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;

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

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