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.