Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to codes |
Feb 02, 2009 |
referred to codes |
Senate Bill S1477
2009-2010 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(R, C, IP) Senate District
(R, C, IP) Senate District
(R, C, IP) Senate District
(R) Senate District
2009-S1477 (ACTIVE) - Details
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Add ยงยง260.35 & 260.40, Pen L
- Versions Introduced in 2011-2012 Legislative Session:
-
S2006
2009-S1477 (ACTIVE) - Summary
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.
2009-S1477 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1477 TITLE OF BILL : An act to amend the penal law, in relation to failure to report a sexual assault of a child PURPOSE : To establish the failure to report sexual assault of a child as a Class B misdemeanor. SUMMARY OF PROVISIONS : The Penal Law is amended by adding two new sections 260.35 and 260.40. Section 260.35 defines "sexual assault" for the purposes of this article. Section 260.40 establishes the crime of failure to report sexual assault of a child as a Class B misdemeanor. A person is guilty of failure to report sexual assault of a child when he, being eighteen years old or older, knowingly witnesses the sexual assault of a child less than sixteen years old, and fails to report such assault within twenty-four hours. Such report is to be made to a police officer, district attorney or law enforcement official within the county or city in which such assault was committed. JUSTIFICATION : This legislation is in response to the molestation and murder of a seven-year-old girl in a Nevada casino in May of 1997, while a
2009-S1477 (ACTIVE) - Bill Text download pdf
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: Section 1. The penal law is amended by adding two new sections 260.35 and 260.40 to read as follows: S 260.35 SEXUAL ASSAULT; DEFINED. FOR THE PURPOSES OF SECTION 260.40 OF THIS ARTICLE, "SEXUAL ASSAULT" MEANS THE COMMISSION OF: 1. A SEX OFFENSE DEFINED IN ARTICLE ONE HUNDRED THIRTY OF THIS CHAP- TER; 2. A SEXUAL PERFORMANCE BY A CHILD DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THIS CHAPTER; OR 3. INCEST AS DEFINED IN SECTION 255.25 OF THIS CHAPTER. S 260.40 FAILURE TO REPORT A SEXUAL ASSAULT OF A CHILD. A PERSON IS GUILTY OF FAILURE TO REPORT A SEXUAL ASSAULT OF A CHILD WHEN HE OR SHE, BEING EIGHTEEN YEARS OLD OR OLDER, KNOWINGLY WITNESSES THE COMMISSION OF A SEXUAL ASSAULT OF A CHILD LESS THAN SIXTEEN YEARS OLD, AND FAILS TO REPORT SUCH ASSAULT WITHIN TWENTY-FOUR HOURS OF THE WITNESSED COMMISSION THEREOF TO A POLICE OFFICER, DISTRICT ATTORNEY OR LAW ENFORCEMENT OFFICIAL WITHIN THE COUNTY OR CITY IN WHICH SUCH ASSAULT WAS COMMITTED. FAILURE TO REPORT A SEXUAL ASSAULT OF A CHILD IS A CLASS B MISDEMEA- NOR. S 2. This act shall take effect on the first of November next succeed- 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
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