Bill Text: NY S01477 | 2009-2010 | General Assembly | Introduced

---

Bill Title: Establishes the class B misdemeanor of failure to report sexual assault of a child, when being 18 years old or older, a person witnesses the commission of sexual assault of a child under 16 years of age and fails to report such assault to law enforcement officials within 24 hours of witnessing the assault.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S01477 Detail]

Download: New_York-2009-S01477-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1477
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2009
                                      ___________
       Introduced  by  Sens.  SKELOS,  DeFRANCISCO,  FARLEY, FUSCHILLO, GOLDEN,
         HANNON, LEIBELL, LITTLE, MAZIARZ, MORAHAN, SALAND, SEWARD,  VOLKER  --
         read  twice  and  ordered printed, and when printed to be committed to
         the Committee on Codes
       AN ACT to amend the penal law, in relation to failure to report a sexual
         assault of a child
         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 two new sections 260.35
    2  and 260.40 to read as follows:
    3  S 260.35 SEXUAL ASSAULT; DEFINED.
    4    FOR THE PURPOSES OF SECTION 260.40 OF THIS ARTICLE,  "SEXUAL  ASSAULT"
    5  MEANS THE COMMISSION OF:
    6    1.  A  SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THIS CHAP-
    7  TER;
    8    2. A SEXUAL PERFORMANCE BY A CHILD  DEFINED  IN  ARTICLE  TWO  HUNDRED
    9  SIXTY-THREE OF THIS CHAPTER; OR
   10    3. INCEST AS DEFINED IN SECTION 255.25 OF THIS CHAPTER.
   11  S 260.40 FAILURE TO REPORT A SEXUAL ASSAULT OF A CHILD.
   12    A  PERSON  IS  GUILTY OF FAILURE TO REPORT A SEXUAL ASSAULT OF A CHILD
   13  WHEN HE OR SHE, BEING EIGHTEEN YEARS OLD OR OLDER,  KNOWINGLY  WITNESSES
   14  THE  COMMISSION  OF  A SEXUAL ASSAULT OF A CHILD LESS THAN SIXTEEN YEARS
   15  OLD, AND FAILS TO REPORT SUCH ASSAULT WITHIN TWENTY-FOUR  HOURS  OF  THE
   16  WITNESSED  COMMISSION  THEREOF TO A POLICE OFFICER, DISTRICT ATTORNEY OR
   17  LAW ENFORCEMENT OFFICIAL WITHIN THE COUNTY OR CITY IN WHICH SUCH ASSAULT
   18  WAS COMMITTED.
   19    FAILURE TO REPORT A SEXUAL ASSAULT OF A CHILD IS A CLASS  B  MISDEMEA-
   20  NOR.
   21    S 2. This act shall take effect on the first of November next succeed-
   22  ing the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03386-01-9