Bill Text: NY A03616 | 2015-2016 | General Assembly | Introduced

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Bill Title: Requires the recording of all calls made to the statewide central register of child abuse and maltreatment; also requires such recordings to be maintained for 5 years.

Spectrum: Moderate Partisan Bill (Democrat 12-2)

Status: (Introduced - Dead) 2015-05-07 - enacting clause stricken [A03616 Detail]

Download: New_York-2015-A03616-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3616
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by  M.  of  A.  SCARBOROUGH,  PAULIN, CLARK, ROBINSON, COOK,
         TITUS, JAFFEE -- Multi-Sponsored by -- M. of A. GLICK,  KOLB,  LAVINE,
         MAGEE,  SCHIMEL -- read once and referred to the Committee on Children
         and Families
       AN ACT to amend the social services law, in relation  to  mandating  the
         recording  of  calls  made  to the statewide central register of child
         abuse and maltreatment
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 2 of section 422 of the social services law is
    2  amended by adding a new paragraph (d) to read as follows:
    3    (D) (I) ALL TELEPHONE CALLS MADE TO THE STATEWIDE CENTRAL REGISTER  BY
    4  PERSONS  REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE AND MALTREAT-
    5  MENT AS DEFINED IN SECTION FOUR HUNDRED THIRTEEN OF THIS TITLE SHALL  BE
    6  RECORDED.  ALL PERSONS REQUIRED TO REPORT CASES OF SUSPECTED CHILD ABUSE
    7  AND  MALTREATMENT  AS  DEFINED  IN THIS SECTION SHALL BE INFORMED BY THE
    8  STATEWIDE CENTRAL REGISTRY THAT SUCH CALL IS BEING RECORDED.    FOR  ANY
    9  TELEPHONE  CALL THAT CONSTITUTES A REPORT, SUCH RECORDING SHALL BE MAIN-
   10  TAINED FOR THE LENGTH OF TIME OTHERWISE REQUIRED  BY  THIS  SECTION  FOR
   11  MAINTENANCE OF ALL RECORDS THAT RELATE TO SUCH REPORT. FOR ANY TELEPHONE
   12  CALL  THAT  DOES  NOT CONSTITUTE A REPORT, SUCH RECORDING SHALL BE MAIN-
   13  TAINED FOR FIVE YEARS.
   14    (II) ALL SUCH RECORDINGS  SHALL  BE  CONFIDENTIAL  AND  SHALL  NOT  BE
   15  CONSIDERED AS PART OF THE RECORD UNDER PARAGRAPH (A) OF SUBDIVISION FOUR
   16  OF  THIS  SECTION  AND  SHALL ONLY BE AVAILABLE TO THE STATEWIDE CENTRAL
   17  REGISTER OF CHILD ABUSE AND MALTREATMENT FOR  THE  PURPOSES  OF  QUALITY
   18  ASSURANCE AND ENHANCED CHILD SAFETY.
   19    (III) A COURT MAY DIRECT DISCLOSURE OF A RECORDING OR RECORDINGS UNDER
   20  THIS  SUBDIVISION  UPON  A FINDING THAT SUCH RECORDING OR RECORDINGS ARE
   21  NECESSARY TO A DETERMINATION BEFORE THE COURT DURING A CRIMINAL PROCEED-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08089-01-5
       A. 3616                             2
    1  ING CONCERNING A VIOLATION OF SUBDIVISION FOUR OF SECTION 240.50 OF  THE
    2  PENAL LAW.
    3    S  2. This act shall take effect on the first of April next succeeding
    4  the date on which it shall have become a law.