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.
                                                                   LBD10331-01-9

        A. 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.
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