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History
- Referred to codes
- Referred to codes
Full text
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Sponsor's memo
BILL NUMBER:S3729
Title of bill
An act to amend the penal law, in relation to establishing the class E felony of failure to report child abuse
Purpose
To establish the Class E felony of failure to report child abuse.
Summary of provisions
Section one amends the penal law by adding a new section 260.40; failure to report child abuse.
Justification
This bill allows prosecutors to bring felony charges against persons who witness child sexual abuse and do not quickly report it to law enforcement. This measure would create a class E Felony charge for failure to report child abuse to law enforcement.
In wake of the Penn State scandal, it is timely to review New York's laws to ensure they remain strong and clear with regards to reporting the sexual abuse of a child. It has become clear that it is not enough to simply report to your superior if you witness or suspect the abuse of a child. For example, in the Penn State situation, when someone sees a child being sexually abused there is no legitimate reason not to report it to law enforcement. It is inconceivable and dangerous for someone to turn a blind eye or fail to immediately report to the authorities when they see a child being abused. Not doing so should be a serious crime in New York State.
Currently, New York state law requires public-school teachers and officials, doctors, social workers, police officers and some other professionals to report suspected child abuse to the statewide central register of child abuse and maltreatment or local child protective services, however, they are not required to report directly to law enforcement.
This bill makes it a Class E felony by holding a person accountable if they witness an act of child abuse.
When someone witnesses the abuse of a child, a particularly heinous act, they should report it to law enforcement authorities immediately. Mandatory reporting is not a standard that should be reserved for professionals who work closely with children or for supervisors. Everyone in society has a responsibility to say something when they see something as serious as child abuse.
Legislative history
2012: S.6030 - Referred to Codes / A.10747 Referred to Codes
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.