S1308A-2011 Actions

• Jan 11, 2012: PRINT NUMBER 1308A
• Jan 11, 2012: AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
• Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
• Jan 6, 2011: REFERRED TO CHILDREN AND FAMILIES

S1308A-2011 Memo

BILL NUMBER:S1308

TITLE OF BILL:
An act
to amend the social services law, in relation to the reporting
of child abuse

PURPOSE:
To include "members of clergy" to the list of persons and
officials required to report or cause a report to be made when they
have reasonable cause to suspect a child coming before them in their
professional or official capacity is an abused or maltreated child,
or when they have reasonable cause to suspect that a child is an
abused or maltreated child where the parent, guardian, custodian or
other person legally responsible for such child comes before them in
their professional or official capacity and states from personal
knowledge. fact, conditions or circumstances which, if correct, would
render the child an abused or maltreated child.

SUMMARY OF PROVISIONS:
Section One-1(a) -- Amends Subdivision 1 of
section 413 of the Social Services law, as amended by chapter 432 of
the laws of 2001, by adding "member of the clergy" to the list of
persons and officials required to report or cause a report to be made
when they have reasonable cause to suspect a child coming before them
in their professional or official capacity is an abused or maltreated
child, or when they have reasonable cause to suspect that a child is
an abused or maltreated child where the parent, guardian, custodian
or other person legally responsible for such child comes before them
in their professional or official capacity and states from personal
knowledge fact, conditions or circumstances which, if correct, would
render the child an abused or maltreated child.

1(b) -- States that when a member of the clergy has reasonable cause
to suspect that a child is an abused or maltreated child based upon
information received, then such a member of the clergy shall promptly
make a report.

1(c) -- Defines "member of the clergy" to have the same definition as
the term "clergyman" as set forth in section two of the religious
corporation law and shall also include any person responsible for
supervising a member of the clergy of a religious institution or
responsible for the administration of a religious institution.

1(d) -- Defines "religious institution" as an institution created to
enable its members to meet for divine worship or other religious
observances or a congregation, society, or other assemblage of
persons who are accustomed to statedly meet for divine worship or
other religious observances, without having been incorporated for
that purpose, as provided in section two of the religious
corporations law.

Section Two-1(a) Amends Subdivision 1, of section 413 of the social
services law, as amended by Chapter 420 of the laws of 2002, by adding
"member of the clergy" to the list of persons and officials required
to report or cause a report to be made when they have reasonable


cause to suspect a child coming before them in their professional or
official capacity is an abused or maltreated child, or when they have
reasonable cause to suspect that a child is an abused or maltreated
child where the parent, guardian, custodian or other person legally
responsible for such child comes before them in their professional or
official capacity and states from personal knowledge fact, conditions
or circumstances which, if correct, would render the child an abused
or maltreated child.

1(b) -- States that when a member of the clergy has reasonable cause
to suspect that a child is an abused or maltreated child based upon
information received, then such a member of the clergy shall
promptly make a report.

1(c) -- Defines "member of the clergy" to have the same definition as
the term "clergyman" as set forth in section two of the religious
corporation law and shall also include any person responsible for
supervising a member of the clergy of a religious institution or
responsible for the administration of a religious institution.

1(d) -- Defines "religious institution" as an institution created to
enable its members to meet for divine worship or other religious
observances or a congregation, society, or other assemblage of
persons who are accustomed to statedly meet for divine worship or
other religious observances, without having been incorporated for
that purpose, as provided in section two of the religious
corporations law.

Section Three amends Subdivision 1 of section 413 of the Social
Services law, as amended by chapter 676 of the laws of 2002, by
adding "member of the clergy" to the list of persons and officials
required to report or cause a report to be made when they have
reasonable cause to suspect a child coming before them in their
professional or official capacity is an abused or maltreated child,
or when they have reasonable cause to suspect that a child is an
abused or maltreated child where the parent, guardian, custodian or
other person legally responsible for such child comes before them in
their professional or official capacity and states from personal
knowledge fact, conditions or circumstances which, if correct, would
render the child an abused or maltreated child.

1(b) -- States that when a member of the clergy has reasonable cause
to suspect that a child is an abused or maltreated child based upon
information received, then such a member of the clergy shall
promptly make a report.

1(c) -- Defines "member of the clergy" to have the same definition as
the term "clergyman" as set forth in section two of the religious
corporation law and shall also include any person responsible for
supervising a member of the clergy of a religious institution or
responsible for the administration of a religious institution.

1(d) -- Defines "religious institution" as an institution created to
enable its members to meet for divine worship or other religious
observances or a congregation, society, or other assemblage of
persons who are accustomed to statedly meet for divine worship or
other religious observances,


without having been incorporated for that purpose, as provided in
section two of the religious corporations law. Section Four amends
subdivision 1 of section 413 of the social services law, as
separately amended by chapters 420 and 676 of the laws of 2002,
amends Subdivision 1 of section 43 of the Social Services law, as
amended by chapter 676 of the laws of 2002, by adding "member of the
clergy" to the list of persons and officials required to report or
cause a report to be made when they have reasonable cause to suspect
a child coming before them in their professional or official capacity
is an abused or maltreated child, or when they have reasonable cause
to suspect that a child is an abused or maltreated child where the
parent, guardian, custodian or other person legally responsible for
such child comes before them in their professional or official
capacity and states from personal knowledge fact, conditions or
circumstances which, if correct, would render the child an abused or
maltreated child.

1(b) -- States that when a member of the clergy has reasonable cause
to suspect that a child is an abused or maltreated child based upon
information received, then such a member of the clergy shall
promptly make a report.

1(c) -- Defines "member of the clergy" to have the same definition as
the term "clergyman" as set forth in section two of the religious
corporation law and shall also include any person responsible for
supervising a member of the clergy of a religious institution or
responsible for the administration of a religious institution.

1(d) -- Defines "religious institution" as an institution created to
enable its members to meet for divine worship or other religious
observances or a congregation, society, or other assemblage of
persons who are accustomed to statedly meet for divine worship or
other religious observances, without having been incorporated for
that purpose, as provided in section two of the religious
corporations law. Section Five amends Article 6 of the Social
Services law as amended by adding a new title 6-B "Reports of Child
Abuse to Law Enforcement" � 429-n -- (a) Lists the persons and
officials required to report cases of suspected child abuse to
appropriate law enforcement agency as: any physician; registered
physician assistant; surgeon; medical examiner; coroner;
dentist; dental hygienist; osteopath; optometrist; chiropractor;
podiatrist; resident; intern;
psychologist; registered nurse; emergency medical technician; hospital
personnel engaged in the admission, examination, care or treatment of
persons; member of clergy; a Christian Science practitioner; school
official; social service worker; day care center worker; provider of
family or group family day care; employee or volunteer in a
residential care facility; mental health professional; substance
abuse counselor; alcoholism counselor; peace officer; police officer;
district attorney; or other law enforcement official. (b) Defines
"abused child" as a child under the age of 18 years whom a person
eighteen years of age or more and who is not the parent or other
person legally responsible for such child's care: (i)intentionally or
recklessly inflicts physical injury; serious physical injury or
death (ii)intentionally or recklessly engages in conduct 'which
creates a substantial risk of such personal injury, serious physical
injury or death (iii)commits or attempts to commit against a child


the crime of disseminating indecent materials to minors (iv)engages
in any conduct prohibited by Section 130 (sex offenses) or Section
263 (sexual performance by a child) of the penal law. (c) Defines
"law enforcement agencies" as a municipal police department, sheriffs
department, the state police, district attorney and assistant
district attorney -- but will not include any child protective
service or any society for the prevention of cruelty to children. (d)
Defines "member of the clergy" to have the same
definition as the term "clergyman" as set forth in section two of the
religious corporation law and shall also include any person
responsible for supervising a member of the clergy of a religious
institution or responsible for the administration of a religious
institution. (e) Defines "religious institution" as an institution
created to enable its members to meet for divine worship or other
religious observances or a congregation, society, or other assemblage
of persons who are accustomed to statedly meet for divine worship
or other religious observances, without having been incorporated
for that purpose, as provided in section two of the religious
corporations law.

2(a) Clarifies that unless the person confessing or confiding waives
the privilege, a member of the clergy, or other minister of any
religion or duly accredited Christian Science practitioner, shall not
be required to make a report as required if the confession or
confidence was made to him or her in his or her professional capacity
a spiritual advisor. (b) States that when a member of the clergy has
reasonable cause to suspect that a child is an abused child based
upon information received other than through a confession or
confidence that such member of the clergy shall promptly make a
report notwithstanding the fact that he or she may have also received
a report through a confession or confidence. (c) Clarifies that the
fact that confession and other confidences are waived does not
exclude a member of the clergy from any other requirement to prevent
the perpetrator from committing further acts of abuse. 3. States that
nothing in this act shall be construed to require the report of
information by a person required to report when such information is
otherwise privileged from disclosure by law.

� 429-o -- (1) States that any person required by this Act to report a
case of suspected child abuse who willfully fails to do so shall be
guilty of: First offense: Class A misdemeanor Second offense: Class E
felony Third offense: Class D felony (2) Any person required by this
Act who fails to report a case of suspected child abuse and who
knowingly and willingly fails to do so shall also be civilly liable
for damages proximately caused by such a failure. � 429-p States that
any person who is required to report under this act makes a good
faith report of allegations of child abuse, but makes the report to
the wrong recipient, shall be immune from criminal and civil
liability. � 429-q States that within three months of the effective
date of this act, all members of the clergy shall: (a) review all
records within their control and any other information they have
obtained regarding allegations that a child is an abused child by a
member of the clergy within 50 years prior to the effective date of
this section. (b) review whether they are aware of any other
allegation that a child is an abused child alleged to have been
abused by a member of the clergy who remains actively in the service
of a religious institution, regardless of the


date such allegation was made; and where such information or records
raise reasonable cause to suspect that a child is an abused child. In
the event such records produce credible evidence of child abuse, it
must be reported to the relevant district attorney. (2) Willful
failure to report shall result in: First offense: Class A misdemeanor
Second offense: Class E felony Third offense: Class D felony.

EXISTING LAW:
New bill.

JUSTIFICATION:
Recent event have proven that there is a need for members of
clergy to report suspected and documented child abuse to authorities.
There are numerous examples of childhood abuse, going on for decades,
which was not reported.  It is common sense to mandate clergy to report
abuse.

LEGISLATIVE HISTORY:
2003-2004: S.2818 died in Senate Children & Families Committee
2004-2005: S.3967 died in Senate Children & Families Committee
2006:  S.3967 Died in Senate Social Services,
Children & Families Committee
2007:  S.1804 Died in Senate Social Services, Children & Families
Committee
2008:  S.1804 Died in Senate Social Services, Children & Families
Committee
2009:  S.1793 Died in Senate Codes Committee
2010:  S.1793 Died in Senate Codes Committee

FISCAL IMPLICATIONS:
Minimal.

LOCAL FISCAL IMPLICATIONS:
Minimal.

EFFECTIVE DATE:
This act shall take effect on the sixtieth day after
it shall have become a law.

S1308A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 1308--A
 2011-2012 Regular Sessions
 I N  SENATE
 January 6, 2011
 
 Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Children and  Families  -
 recommitted  to  the  Committee on Children and Families in accordance
 with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
 ordered reprinted as amended and recommitted to said committee
 

AN ACT to amend the social services law, in relation to the reporting of
 child abuse
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Paragraph (a) of subdivision 1 of section 413 of the social
 services law, as amended by chapter 91 of the laws of 2011,  is  amended
 to read as follows:

 (a)  The  following  persons  and  officials are required to report or
 cause a report to be made in accordance with this title when  they  have
 reasonable  cause  to  suspect  that a child coming before them in their
 professional or official capacity is an abused or maltreated  child,  or
 when  they have reasonable cause to suspect that a child is an abused or
 maltreated child where the parent, guardian, custodian or  other  person
 legally  responsible  for  such child comes before them in their profes
 sional or official capacity and states from  personal  knowledge  facts,
 conditions or circumstances which, if correct, would render the child an
 abused  or maltreated child: any physician; registered physician assist
 ant; surgeon; medical  examiner;  coroner;  dentist;  dental  hygienist;
 osteopath;  optometrist;  chiropractor;  podiatrist;  resident;  intern;
 psychologist; registered nurse; social worker; emergency medical techni
 cian; licensed creative arts therapist;  licensed  marriage  and  family
 therapist;  licensed  mental  health  counselor; licensed psychoanalyst;
 hospital personnel engaged in the admission, examination, care or treat
 ment of persons; A MEMBER OF THE CLERGY; a Christian Science practition
 er; school official, which includes but is not limited to school  teach
 er,  school  guidance  counselor,  school  psychologist,  school  social
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01134-02-2
 
       S. 1308--A                          2
 worker, school nurse, school administrator  or  other  school  personnel
 required  to  hold  a teaching or administrative license or certificate;
 social services worker; director of a children's overnight camp,  summer
 day  camp  or  traveling  summer  day camp, as such camps are defined in
 section thirteen hundred ninety-two of the public health law;  day  care
 center worker; school-age child care worker; provider of family or group
 family  day  care;  employee or volunteer in a residential care facility
 defined in subdivision four of section four  hundred  twelve-a  of  this
 title  or  any  other  child  care  or foster care worker; mental health
 professional;  substance  abuse  counselor;  alcoholism  counselor;  all
 persons  credentialed  by  the  office of alcoholism and substance abuse
 services; peace officer; police officer; district attorney or  assistant
 district  attorney;  investigator  employed  in the office of a district
 attorney; or other law enforcement official.
 

S 2. Article 6 of the social services law is amended by adding  a  new
 title 6-B to read as follows:

 TITLE 6-B
 REPORTS OF CHILD ABUSE TO
 LAW ENFORCEMENT
 SECTION 429-A. PERSONS   AND  OFFICIALS  REQUIRED  TO  REPORT  CASES  OF
 SUSPECTED CHILD ABUSE TO  APPROPRIATE  LAW  ENFORCEMENT
 AGENCY.
 429-B. PENALTIES FOR FAILURE TO REPORT.
 429-C. IMMUNITY FROM LIABILITY.
 429-D. REVIEW  OF  EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD
 IS AN ABUSED CHILD; DISTRICT ATTORNEY; PENALTY.
 

S 429-A. PERSONS AND OFFICIALS REQUIRED TO REPORT CASES  OF  SUSPECTED
 CHILD  ABUSE TO APPROPRIATE LAW ENFORCEMENT AGENCY. 1. (A) THE FOLLOWING
 PERSONS AND OFFICIALS ARE REQUIRED  TO  REPORT  OR  CAUSE  AN  INDICATED
 REPORT AS DEFINED IN SUBDIVISION SEVEN OF SECTION FOUR HUNDRED TWELVE OF
 THIS  ARTICLE  TO  BE MADE TO AN APPROPRIATE LAW ENFORCEMENT AGENCY WHEN
 THEY HAVE REASONABLE CAUSE TO SUSPECT IN THEIR PROFESSIONAL OR  OFFICIAL
 CAPACITY  THAT  A  CHILD  IS  AN ABUSED CHILD: ANY PHYSICIAN; REGISTERED
 PHYSICIAN ASSISTANT; SURGEON; MEDICAL EXAMINER; CORONER; DENTIST; DENTAL
 HYGIENIST; OSTEOPATH; OPTOMETRIST; CHIROPRACTOR;  PODIATRIST;  RESIDENT;
 INTERN;  PSYCHOLOGIST;  REGISTERED  NURSE; EMERGENCY MEDICAL TECHNICIAN;
 HOSPITAL PERSONNEL ENGAGED IN THE ADMISSION, EXAMINATION, CARE OR TREAT
 MENT OF PERSONS; MEMBER OF THE CLERGY; A CHRISTIAN SCIENCE PRACTITIONER;
 SCHOOL OFFICIAL; SOCIAL SERVICES WORKER; DAY CARE CENTER WORKER; PROVID
 ER OF FAMILY OR GROUP FAMILY DAY CARE; EMPLOYEE OR VOLUNTEER IN A  RESI
 DENTIAL  CARE  FACILITY  OR  ANY OTHER CHILD CARE OR FOSTER CARE WORKER;
 MENTAL HEALTH PROFESSIONAL; SUBSTANCE ABUSE COUNSELOR; ALCOHOLISM  COUN
 SELOR;  PEACE  OFFICER;  POLICE  OFFICER; DISTRICT ATTORNEY OR ASSISTANT
 DISTRICT ATTORNEY; INVESTIGATOR EMPLOYED IN THE  OFFICE  OF  A  DISTRICT
 ATTORNEY; OR OTHER LAW ENFORCEMENT OFFICIAL.
 (B)  FOR  THE  PURPOSES  OF THIS SECTION THE TERM "ABUSED CHILD" SHALL
 MEAN A CHILD UNDER THE AGE OF EIGHTEEN YEARS UPON WHOM A PERSON EIGHTEEN
 YEARS OF AGE OR MORE WHO IS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION
 AND WHO IS NOT THE PARENT OR OTHER PERSON LEGALLY RESPONSIBLE  FOR  SUCH
 CHILD'S CARE:

 (I)  INTENTIONALLY  OR  RECKLESSLY  INFLICTS  PHYSICAL INJURY, SERIOUS
 PHYSICAL INJURY OR DEATH, OR
 (II) INTENTIONALLY OR RECKLESSLY ENGAGES IN CONDUCT  WHICH  CREATES  A
 SUBSTANTIAL  RISK  OF  SUCH  PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR
 DEATH, OR
 
       S. 1308--A                          3
 (III) COMMITS OR ATTEMPTS TO COMMIT  AGAINST  A  CHILD  THE  CRIME  OF
 DISSEMINATING  INDECENT  MATERIALS  TO  MINORS  PURSUANT  TO ARTICLE TWO
 HUNDRED THIRTY-FIVE OF THE PENAL LAW, OR
 (IV)  ENGAGES  IN ANY CONDUCT PROHIBITED BY ARTICLE ONE HUNDRED THIRTY
 OR TWO HUNDRED SIXTY-THREE OF THE PENAL LAW.
 (C) FOR THE PURPOSES OF THIS SECTION THE TERM "LAW ENFORCEMENT AUTHOR
 ITIES" SHALL MEAN A MUNICIPAL POLICE DEPARTMENT,  SHERIFF'S  DEPARTMENT,
 THE DIVISION OF STATE POLICE OR ANY OFFICER THEREOF OR A DISTRICT ATTOR
 NEY OR ASSISTANT DISTRICT ATTORNEY.  NOTWITHSTANDING ANY OTHER PROVISION
 OF  LAW, LAW ENFORCEMENT AUTHORITIES SHALL NOT INCLUDE ANY CHILD PROTEC
 TIVE SERVICE OR ANY SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN AS
 SUCH TERMS ARE DEFINED IN SECTION  FOUR  HUNDRED  TWENTY-THREE  OF  THIS
 ARTICLE.
 (D)  FOR  THE PURPOSES OF THIS SECTION THE TERM "MEMBER OF THE CLERGY"
 SHALL HAVE THE SAME DEFINITION AS THE TERM "CLERGYMAN" AS SET  FORTH  IN
 SECTION TWO OF THE RELIGIOUS CORPORATIONS LAW AND SHALL ALSO INCLUDE ANY
 PERSON RESPONSIBLE FOR SUPERVISING A MEMBER OF THE CLERGY OF A RELIGIOUS
 INSTITUTION  OR RESPONSIBLE FOR THE ADMINISTRATION OF A RELIGIOUS INSTI
 TUTION.
 (E) FOR THE PURPOSES OF THIS SECTION THE TERM "RELIGIOUS  INSTITUTION"
 SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE ITS MEMBERS TO MEET
 FOR  DIVINE  WORSHIP  OR  OTHER RELIGIOUS OBSERVANCES OR A CONGREGATION,
 SOCIETY, OR OTHER ASSEMBLAGE OF PERSONS WHO ARE ACCUSTOMED  TO  STATEDLY
 MEET  FOR  DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES, WITHOUT HAVING
 BEEN INCORPORATED FOR THAT PURPOSE, AS PROVIDED IN SECTION  TWO  OF  THE
 RELIGIOUS CORPORATIONS LAW.
 2. (A) UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE,
 A  MEMBER  OF  THE  CLERGY,  OR  OTHER  MINISTER OF ANY RELIGION OR DULY
 ACCREDITED CHRISTIAN SCIENCE PRACTITIONER, SHALL NOT BE REQUIRED TO MAKE
 A REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION
 IF THE CONFESSION OR CONFIDENCE WAS MADE TO HIM OR HER  IN  HIS  OR  HER
 PROFESSIONAL CHARACTER AS SPIRITUAL ADVISOR.
 (B) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
 CHILD  IS AN ABUSED CHILD BASED UPON ANY INFORMATION RECEIVED OTHER THAN
 THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT  TO  PARAGRAPH  (A)  OF
 THIS  SUBDIVISION,  THEN SUCH MEMBER OF THE CLERGY SHALL PROMPTLY MAKE A
 REPORT AS REQUIRED BY PARAGRAPH (A) OF SUBDIVISION ONE OF  THIS  SECTION
 NOTWITHSTANDING  THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A REPORT
 OF ABUSE THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT  TO  PARAGRAPH
 (A) OF THIS SUBDIVISION.
 (C)  THE  PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT BE
 DEEMED TO EXEMPT A MEMBER OF THE CLERGY FROM ANY OTHER  REQUIREMENTS  OF
 LAW TO PREVENT THE PERPETRATOR FROM COMMITTING ADDITIONAL ACTS OF ABUSE.
 3.  NOTHING  IN THIS TITLE SHALL BE CONSTRUED TO REQUIRE THE REPORT OF
 INFORMATION BY A PERSON REQUIRED TO  REPORT  WHEN  SUCH  INFORMATION  IS
 OTHERWISE PRIVILEGED FROM DISCLOSURE BY LAW.
 

S  429-B. PENALTIES FOR FAILURE TO REPORT.  1.  ANY PERSON REQUIRED BY
 THIS TITLE TO REPORT A CASE OF SUSPECTED CHILD ABUSE WHO WILLFULLY FAILS
 TO DO SO SHALL BE GUILTY OF A CLASS A MISDEMEANOR FOR THE FIRST OFFENSE,
 A CLASS E FELONY FOR THE SECOND OFFENSE AND A CLASS  D  FELONY  FOR  THE
 THIRD OFFENSE OR ANY SUBSEQUENT OFFENSE.
 2.    ANY  PERSON REQUIRED BY THIS TITLE TO REPORT A CASE OF SUSPECTED
 CHILD ABUSE WHO KNOWINGLY AND WILLFULLY FAILS TO DO SO SHALL BE  CIVILLY
 LIABLE FOR THE DAMAGES PROXIMATELY CAUSED BY SUCH FAILURE.
 

S  429-C.  IMMUNITY  FROM LIABILITY.   1. ANY PERSON WHO IN GOOD FAITH
 MAKES A REPORT OF ALLEGATIONS OF CHILD ABUSE AS REQUIRED BY THIS  TITLE,
 
       S. 1308--A                          4
 INCLUDING  THOSE WHO IN GOOD FAITH MAKE A REPORT TO THE WRONG RECIPIENT,
 SHALL HAVE IMMUNITY FROM CRIMINAL LIABILITY WHICH MIGHT OTHERWISE RESULT
 BY REASON OF SUCH ACTIONS.
 2. ANY PERSON WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF ALLE
 GATIONS  OF  CHILD  ABUSE AS REQUIRED BY THIS TITLE, SHALL HAVE IMMUNITY
 FROM CIVIL LIABILITY WHICH MIGHT OTHERWISE  RESULT  BY  REASON  OF  SUCH
 ACTIONS.
 

S 429-D. REVIEW OF EXISTING RECORDS FOR ALLEGATIONS THAT A CHILD IS AN
 ABUSED  CHILD; DISTRICT ATTORNEY; PENALTY. 1. WITHIN THREE MONTHS OF THE
 EFFECTIVE DATE OF THIS SECTION, ALL MEMBERS OF THE CLERGY  SHALL:    (A)
 REVIEW  ALL  INSTITUTIONAL  RECORDS  WITHIN  THEIR CONTROL AND ANY OTHER
 INFORMATION THEY HAVE OBTAINED REGARDING ALLEGATIONS THAT A CHILD IS  AN
 ABUSED  CHILD  BY A MEMBER OF THE CLERGY WITHIN FIFTY YEARS PRIOR TO THE
 EFFECTIVE DATE OF THIS SECTION; (B) REVIEW WHETHER THEY ARE AWARE OF ANY
 OTHER ALLEGATIONS THAT A CHILD IS AN ABUSED CHILD ALLEGED TO  HAVE  BEEN
 ABUSED  BY A MEMBER OF THE CLERGY WHO REMAINS ACTIVELY IN THE SERVICE OF
 A RELIGIOUS INSTITUTION, REGARDLESS OF THE DATE ON WHICH SUCH ALLEGATION
 WAS MADE; AND WHERE SUCH INFORMATION OR RECORDS RAISE  REASONABLE  CAUSE
 TO  SUSPECT  THAT  A CHILD IS AN ABUSED CHILD, REPORT SUCH ALLEGATION TO
 THE DISTRICT ATTORNEY.   THIS SECTION SHALL  NOT  APPLY  TO  INFORMATION
 OBTAINED  THROUGH CONFIDENTIAL COMMUNICATIONS WITH CLERGY AND PRIVILEGED
 UNDER LAW.
 2. ANY INDIVIDUAL, AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION  ONE  OF
 SECTION  FOUR  HUNDRED  TWENTY-NINE-A  OF  THIS  TITLE, REQUIRED BY THIS
 SECTION TO REVIEW EXISTING RECORDS AND INFORMATION  AND  REPORT  ALLEGA
 TIONS  CONTAINED THEREIN WHO WILLFULLY FAILS TO DO SO SHALL BE GUILTY OF
 A CLASS A MISDEMEANOR FOR THE FIRST OFFENSE, A CLASS E  FELONY  FOR  THE
 SECOND  OFFENSE AND A CLASS D FELONY FOR THE THIRD OFFENSE OR ANY SUBSE
 QUENT OFFENSE.
 

S 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become  a law.

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