Bill Text: NY A02267 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 2267 (Prior Session Legislation)

Introduced

Bill Title: Establishes the crime of failing to make a required report.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02267 Detail]

Download: New_York-2015-A02267-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2267
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced  by  M. of A. LENTOL, SCHIMMINGER -- Multi-Sponsored by -- M.
         of  A.  ABBATE,  ARROYO,  COLTON,  CYMBROWITZ,  ENGLEBRIGHT,  GUNTHER,
         LAVINE,  MAGEE, MARKEY, MILLER, ORTIZ, PERRY, ROBERTS, SCHIMEL, 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:
    1    Section 1. The penal law is amended by adding a new section 260.28  to
    2  read as follows:
    3  S 260.28 FAILING TO MAKE A REQUIRED REPORT.
    4    1. A PERSON IS GUILTY OF FAILING TO MAKE A REQUIRED REPORT WHEN, BEING
    5  THE  PARENT OR CAREGIVER OF A CHILD LESS THAN SIX YEARS OF AGE AND KNOW-
    6  ING THAT SUCH CHILD:
    7    (A) HAS DIED, HE OR SHE INTENTIONALLY FAILS TO REPORT SUCH DEATH TO  A
    8  LAW  ENFORCEMENT  OFFICIAL, HEALTH CARE PRACTITIONER OR FUNERAL DIRECTOR
    9  PROMPTLY UNDER THE CIRCUMSTANCES; OR
   10    (B) IS MISSING, HE OR SHE INTENTIONALLY  FAILS  TO  REPORT  THAT  SUCH
   11  CHILD  IS  MISSING  TO  A  LAW  ENFORCEMENT  OFFICIAL PROMPTLY UNDER THE
   12  CIRCUMSTANCES.
   13    2. A PERSON SHALL NOT BE PROSECUTED UNDER THIS SECTION IF A FAILURE TO
   14  TIMELY REPORT WAS THE RESULT OF PHYSICAL THREATS  OR  A  FEAR  THAT  THE
   15  PERSON,  THE  CHILD  OR A THIRD PERSON WOULD BE PHYSICALLY HARMED IF THE
   16  REPORT WAS MADE OR IF, AS THE CASE MAY BE, A LAW  ENFORCEMENT  OFFICIAL,
   17  HEALTH  CARE  PRACTITIONER OR FUNERAL DIRECTOR WAS ALREADY AWARE OF SUCH
   18  OCCURRENCE.
   19    3. FOR PURPOSES OF THIS SECTION:
   20    (A) "CAREGIVER" MEANS A PERSON WHO (I) ASSUMES RESPONSIBILITY FOR  THE
   21  CARE  OF A CHILD PURSUANT TO A COURT ORDER; OR (II) RECEIVES MONETARY OR
   22  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.
                                                                  LBD02963-01-5
       A. 2267                             2
    1    (B) "MISSING" MEANS NOT IN THE IMMEDIATE CARE OF ANOTHER PARENT,  WHEN
    2  THE WHEREABOUTS OF SUCH CHILD ARE UNKNOWN TO THE CHILD'S PARENT OR CARE-
    3  GIVER  AND  SUCH  PARENT  OR  CAREGIVER,  UNDER THE CIRCUMSTANCES, HAS A
    4  REASONABLE FEAR OF IMMINENT RISK TO THE HEALTH OR SAFETY OF SUCH CHILD.
    5    FAILING TO MAKE A REQUIRED REPORT IS A CLASS E FELONY.
    6    S  2.  This  act shall take effect on the thirtieth day after it shall
    7  have become a law and shall apply to events occurring on or  after  such
    8  effective date.