Bill Text: NY A06937 | 2019-2020 | General Assembly | Introduced
Bill Title: Establishes the crime of failing to make a required report.
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Introduced - Dead) 2020-01-08 - referred to codes [A06937 Detail]
Download: New_York-2019-A06937-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6937 2019-2020 Regular Sessions IN ASSEMBLY 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: 1 Section 1. The penal law is amended by adding a new section 260.28 to 2 read as follows: 3 § 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. LBD10331-01-9A. 6937 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 § 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.