What's happening
This bill makes it a class E felony for parents or caregivers to intentionally fail to promptly report the death or disappearance of a child under six.
Why it matters
Increases legal responsibility for parents/caregivers. by making it a felony to intentionally not report the death or disappearance of a young child, emphasizing the legal expectation for immediate action in such critical situations.
Targets especially vulnerable children. (under age six), recognizing that very young children are at higher risk and less able to protect themselves or communicate their needs.
Includes exceptions for safety and duplicative reporting. , protecting individuals from prosecution if they’re under threat of harm for reporting, or if authorities are already aware—showing some consideration for complex real-life situations.
Broadens accountability to non-parental caregivers. (like those paid to care for children or acting under court order), addressing gaps where abuse or neglect might occur outside traditional family settings.
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Who cares
Headline styles
Require Reporting Child Deaths
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to codes
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3082
2017-2018 Regular Sessions
IN ASSEMBLY
January 26, 2017
Introduced by M. of A. LENTOL, SCHIMMINGER -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, COLTON, CYMBROWITZ, ENGLEBRIGHT, GUNTHER, LAVINE, MAGEE, 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 Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 260.28 to read as follows: § 260.28 Failing to make a required report.
1. A person is guilty of failing to make a required report when, being the parent or caregiver of a child less than six years of age and knowing that such child:
(a) has died, he or she intentionally fails to report such death to a law enforcement official, health care practitioner or funeral director promptly under the circumstances; or
(b) is missing, he or she intentionally fails to report that such child is missing to a law enforcement official promptly under the circumstances.
2. A person shall not be prosecuted under this section if a failure to timely report was the result of physical threats or a fear that the person, the child or a third person would be physically harmed if the report was made or if, as the case may be, a law enforcement official, health care practitioner or funeral director was already aware of such occurrence.
3. For purposes of this section:
(a) "Caregiver" means a person who (i) assumes responsibility for the care of a child pursuant to a court order; or (ii) receives monetary or 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.
LBD03422-01-7
A. 3082 2
(b) "Missing" means not in the immediate care of another parent, when the whereabouts of such child are unknown to the child's parent or caregiver and such parent or caregiver, under the circumstances, has a reasonable fear of imminent risk to the health or safety of such child.
Failing to make a required report is a class E felony.
§ 2. This act shall take effect on the thirtieth day after it shall have become a law and shall apply to events occurring on or after such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.