Enacts provisions relating to the reporting of child abuse; requires members of the clergy to report suspected allegations of child abuse or maltreatment to an appropriate law enforcement agency; requires members of the clergy to review past institutional records and report suspected allegations of child abuse by clergy to the district attorney.

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S5119A-2011 Actions

• Jan 26, 2012: PRINT NUMBER 5119A
• Jan 26, 2012: AMEND AND RECOMMIT TO CHILDREN AND FAMILIES
• Jan 4, 2012: REFERRED TO CHILDREN AND FAMILIES
• May 3, 2011: REFERRED TO CHILDREN AND FAMILIES

S5119A-2011 Memo

BILL NUMBER:S5119A

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

PURPOSE:
The purpose of the bill is to add clergy to the list of
mandated reporters required to report suspected cases of child abuse
or maltreatment. Additionally, the bill adds a new definition of
abused child, to include children who have allegedly been criminally
abused by a person who holds or is perceived to hold a position of
authority. These allegations shall be reported to law enforcement for
investigation. The bill also requires members of the clergy to review
past institutional records and report suspected allegations of child
abuse by clergy to the District Attorney.

SUMMARY OF PROVISIONS:
Section 1 amends subdivision 1 of section 413 of the Social Services
Law as follows:

a) adds members of the clergy to the list of mandated reporters
required to report suspected cases of child abuse to the Child Abuse
Hotline;
b) provides that unless the person confessing or confiding waives the
privilege, a member of the clergy is not required to make a report of
suspected child abuse if such information was learned in his or her
professional capacity as a spiritual advisor;
c) provides that a member of the clergy must report suspected cases of
child abuse if the information was received through means other than
confidence or confession regardless of whether the information was
also received through a confidence or confession;
d) provides that members of the clergy shall not be exempt from any
other requirements of law to prevent the perpetrator from committing
additional acts of abuse;
e) provides that the term "member of the clergy" shall have the same
meaning as the term "clergyman" in section 2 of the Religious
Corporations Law and shall include any person responsible for the
administration of a religious institution;
f) provides that the term "religious institution" shall have the same
definition as the term in section 2 of the Religious Corporations Law.

Section 2 amends Article 6 of the Social Services Law by adding a new
Article 6-B to expand the mandated reporting of allegations of abuse
against children.

Section 429(a) of Article 6-B requires persons and officials required
to report cases of suspected child abuse to the appropriate law
enforcement agency when the age difference between the child victim
and alleged abuser meets certain criteria or the form of abuse
contains specific enumerated factors. Additionally, the bill
enumerates elements of abuse to be reported to law enforcement when a
child is abused by an adult who supervises or has a position of
authority, or is perceived by such child to hold authority.


Paragraph (b) sets forth enumerated conduct defined as child abuse
under this Article;

Paragraphs (c), (d), and (e) provide definitions of "law enforcement
authority" "member of the clergy" and "religious institution";

Subdivision 2 provides the procedure to be followed when a report to
law enforcement is required;

Subdivision 3 clarifies that a clergy member is not required to make a
report of suspected child abuse if the information was received in
confession or in a professional capacity as a spiritual advisor
unless the person confessing or confiding waives the privilege;

Paragraph (b) provides that a member of the clergy must report
suspected cases of child abuse if the information was received
through means other than confidence or confession regardless of
whether the information was also received in confidence or confession;

Paragraph (c) provides that members of the clergy shall not be
exempted from any other requirements of law to prevent the
perpetrator from committing additional acts of abuse;

Section 429-b provides that failure to report under Title 6-B shall be
a class A misdemeanor;

Section 429-c provides that persons who make allegations in good faith
shall have immunity from civil and criminal liability;

Section 429-d directs that within 3 months of the effective date of
this section, clergy must review all records within their control or
any other information they may have regarding allegations of child
abuse by members of the clergy within the last twenty years and
report such allegations to the District Attorney. Additionally, any
allegation of child abuse by a member of the clergy who is still in
the service of a religious institution, regardless of the date it was
made, must be reported to the District Attorney; the willful failure
to review records and report allegations shall he a class A
misdemeanor.

Section 3 directs the Commissioner of the Office of Children and
Family Services to revise the current form used to report suspected
child abuse or maltreatment. Pursuant to section 429-a and to make it
appropriate for reporting to law enforcement agencies.

Section 4 provides that this act shall take effect 60 days after
becoming law.

EXISTING LAW:
Mandated reporters are required to report suspected child abuse or
maltreatment when, in their official or professional role, they are
presented with a reasonable cause to suspect child abuse or
maltreatment. Clergy are not mandated reporters.

JUSTIFICATION:
Although the majority of members of the clergy have the highest moral
standards and are as appalled by reports of child abuse within


religious settings as are the rest of the public, the recent focus on
revelations of child abuse by members of the clergy has revealed that
many abuse allegations were not reported to law enforcement. This has
raised concerns that child abuse by other persons in positions of
authority have also gone unreported. It is vitally important that
children who are physically or sexually abused have the protection of
the full force of the law. Parents need to be assured that persons in
positions of authority who exploit their children will be prosecuted.

LEGISLATIVE HISTORY:
2011:    Died in Finance
2009-10: S.4038 - Referred to Health
2008:    S.8641 - Passed Senate; Veto No. 86

FISCAL IMPLICATIONS:
Nominal expenses for developing and distributing materials will be
paid through the Hazardous Waste Remediation Oversight and Assistance
Account.

EFFECTIVE DATE:
180 days after it shall have become a law.

S5119A-2011 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                   5119--A

                         2011-2012 Regular Sessions

                              I N  SENATE

                                 May 3, 2011
                                 ___________

  Introduced  by  Sen.  SALAND -- 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.  Subdivision 1 of section 413 of the social  services  law,
  as  amended  by  chapter  366  of  the laws of 2008 and paragraph (a) as
  amended by chapter 91 of the  laws  of  2011,  is  amended  to  read  as
  follows:

    1.  (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; MEMBER OF THE CLERGY; a Christian Science practitioner;
  school official, which includes but is not limited  to  school  teacher,

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD01824-07-2

 S. 5119--A                          2

  school  guidance  counselor,  school psychologist, school social 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 creden-
  tialed by the office of alcoholism and substance abuse  services;  peace
  officer;  police officer; district attorney or assistant district attor-
  ney; investigator employed in the office  of  a  district  attorney;  or
  other law enforcement official.
    (b)  UNLESS THE PERSON CONFESSING OR CONFIDING WAIVES THE PRIVILEGE, A
  MEMBER OF THE CLERGY, OR OTHER MINISTER OF ANY RELIGION OR DULY  ACCRED-
  ITED  CHRISTIAN  SCIENCE  PRACTITIONER,  SHALL NOT BE REQUIRED TO MAKE A
  REPORT  AS  REQUIRED  BY  PARAGRAPH  (A)  OF  THIS  SUBDIVISION  IF  THE
  CONFESSION  OR  CONFIDENCE  WAS MADE TO HIM OR HER IN HIS OR HER PROFES-
  SIONAL CHARACTER AS SPIRITUAL ADVISOR.
    (C) WHEN A MEMBER OF THE CLERGY HAS REASONABLE CAUSE TO SUSPECT THAT A
  CHILD IS AN ABUSED  OR  MALTREATED  CHILD  BASED  UPON  ANY  INFORMATION
  RECEIVED  OTHER THAN THROUGH A CONFESSION OR CONFIDENCE MADE PURSUANT TO
  PARAGRAPH (B) OF THIS SUBDIVISION, THEN SUCH MEMBER OF THE CLERGY  SHALL
  PROMPTLY  MAKE A REPORT AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION
  NOTWITHSTANDING THE FACT THAT HE OR SHE MAY HAVE ALSO RECEIVED A  REPORT
  OF  ABUSE OR MALTREATMENT THROUGH A CONFESSION OR CONFIDENCE MADE PURSU-
  ANT TO PARAGRAPH (B) OF THIS SUBDIVISION.
    (D) THE PROVISIONS OF PARAGRAPH (B) 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.
    (E) FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "MEMBER OF THE CLER-
  GY" 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 RELI-
  GIOUS INSTITUTION OR RESPONSIBLE FOR THE ADMINISTRATION OF  A  RELIGIOUS
  INSTITUTION.
    (F)  FOR THE PURPOSES OF THIS SUBDIVISION THE TERM "RELIGIOUS INSTITU-
  TION" SHALL MEAN A RELIGIOUS CORPORATION CREATED TO ENABLE  ITS  MEMBERS
  TO  MEET  FOR DIVINE WORSHIP OR OTHER RELIGIOUS OBSERVANCES OR A CONGRE-
  GATION, 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.
    (G) Whenever such person is required to report under this title in his
  or her capacity as a member of the staff of a medical or other public or
  private  institution,  school,  facility or agency, he or she shall make
  the report as required by this title and immediately notify  the  person
  in charge of such institution, school, facility or agency, or his or her
  designated agent. Such person in charge, or the designated agent of such
  person,  shall be responsible for all subsequent administration necessi-
  tated by the report. Any  report  shall  include  the  name,  title  and
  contact  information  for  every  staff person of the institution who is
  believed to have direct knowledge of  the  allegations  in  the  report.

 S. 5119--A                          3

  Nothing  in  this  section or title is intended to require more than one
  report from any such institution, school or agency.
    [(c)]  (H)  A  medical or other public or private institution, school,
  facility or agency shall not take any retaliatory personnel  action,  as
  such  term  is  defined  in  paragraph (e) of subdivision one of section
  seven hundred forty of the labor law, against an employee  because  such
  employee  believes that he or she has reasonable cause to suspect that a
  child is an abused or maltreated child and that employee therefore makes
  a report in accordance with this  title.  No  school,  school  official,
  child  care  provider,  foster  care provider, residential care facility
  provider, hospital, medical institution provider or mental health facil-
  ity provider shall impose any conditions, including  prior  approval  or
  prior  notification,  upon a member of their staff specifically required
  to report under this title. At the time of the making of a report, or at
  any time thereafter, such person or official may exercise the  right  to
  request,  pursuant  to paragraph (A) of subdivision four of section four
  hundred twenty-two of this title, the findings of an investigation  made
  pursuant to this title or section 45.07 of the mental hygiene law.
    [(d)]  (I)  Social  services workers are required to report or cause a
  report to be made in accordance with this title when they  have  reason-
  able  cause  to  suspect  that  a child is an abused or maltreated child
  where a person comes before  them  in  their  professional  or  official
  capacity and states from personal knowledge facts, conditions or circum-
  stances which, if correct, would render the child an abused or maltreat-
  ed child.
    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) THOSE  PERSONS
  AND OFFICIALS SET FORTH IN SUBDIVISION ONE OF SECTION FOUR HUNDRED THIR-
  TEEN OF THIS ARTICLE SHALL BE REQUIRED TO REPORT OR CAUSE A REPORT TO BE
  MADE  TO AN APPROPRIATE LAW ENFORCEMENT AGENCY WHEN THEY HAVE REASONABLE
  CAUSE TO SUSPECT IN THEIR PROFESSIONAL OR OFFICIAL CAPACITY THAT: (I)  A
  PERSON BEING NINETEEN YEARS OLD OR MORE HAS ENGAGED IN CONDUCT SET FORTH
  IN  PARAGRAPH  (B)  OF THIS SUBDIVISION WITH A PERSON LESS THAN FOURTEEN
  YEARS OLD; OR (II) A PERSON BEING  TWENTY-ONE  YEARS  OLD  OR  MORE  HAS
  ENGAGED IN CONDUCT SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION WITH A
  PERSON  LESS  THAN  SEVENTEEN  YEARS OLD AND THE PERSON BEING TWENTY-ONE
  YEARS OLD OR MORE HAS AUTHORITY,  PERCEIVED  AUTHORITY,  SUPERVISORY  OR
  DISCIPLINARY  POWER  OVER  THE  PERSON  LESS THAN SEVENTEEN YEARS OLD BY
  VIRTUE OF HIS OR HER  CLERICAL,  LEGAL,  PROFESSIONAL,  OCCUPATIONAL  OR
  VOCATIONAL STATUS; OR (III) A PERSON HAS ENGAGED IN CONDUCT SET FORTH IN
  PARAGRAPH  (B)  OF THIS SUBDIVISION WITH A PERSON UNDER TWENTY-ONE YEARS
  OF  AGE  WHO  HAS  A  HANDICAPPING  CONDITION,  AS  DEFINED  IN  SECTION
  FORTY-FOUR HUNDRED ONE OF THE EDUCATION LAW AND WHO IS ENTITLED TO RESI-
  DENTIAL CARE DUE TO SUCH HANDICAPPING CONDITION.

 S. 5119--A                          4

    (B)  THE  FOLLOWING CONDUCT, IF COMMITTED BY A PERSON DEFINED IN PARA-
  GRAPH (A) OF THIS SUBDIVISION SHALL, FOR THE PURPOSES OF  THIS  SECTION,
  CONSTITUTE "CHILD ABUSE" AND SHALL REQUIRE A REPORT:

    (I)  INTENTIONALLY  OR  RECKLESSLY INFLICTING PHYSICAL INJURY, SERIOUS
  PHYSICAL INJURY OR DEATH, OR
    (II) INTENTIONALLY OR RECKLESSLY ENGAGING IN CONDUCT WHICH  CREATES  A
  SUBSTANTIAL  RISK  OF  SUCH  PHYSICAL INJURY, SERIOUS PHYSICAL INJURY OR
  DEATH, OR
    (III) COMMITTING OR ATTEMPTING 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) ENGAGING 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. REPORTS OF SUSPECTED CHILD ABUSE SHALL BE MADE IMMEDIATELY BY TELE-
  PHONE OR BY TELEPHONE FACSIMILE ON A FORM SUPPLIED BY  THE  COMMISSIONER
  OF  THE  OFFICE  OF  CHILDREN  AND FAMILY SERVICES TO AN APPROPRIATE LAW
  ENFORCEMENT AGENCY.   SUCH TELEPHONE REPORTS  SHALL  BE  FOLLOWED  BY  A
  REPORT  IN WRITING WITHIN TWENTY-FOUR HOURS AFTER SUCH ORAL REPORT.  THE
  PROVISIONS OF ARTICLE TWENTY-THREE-B OF THE EDUCATION  LAW  SHALL  APPLY
  WHEN  ALLEGATIONS  OF  ABUSE OR MALTREATMENT BY AN EMPLOYEE OR VOLUNTEER
  UNDER SUCH ARTICLE ARE MADE IN AN EDUCATIONAL SETTING.  NOTHING IN  THIS
  SUBDIVISION  SHALL REQUIRE A PERSON OR OFFICIAL REQUIRED TO REPORT CASES
  OF SUSPECTED CHILD ABUSE TO ADDITIONALLY NOTIFY THE  STATEWIDE  REGISTER
  OF CHILD ABUSE AND MALTREATMENT UNLESS THE RELATIONSHIP OF THE VICTIM TO
  THE  ALLEGED  PERPETRATOR  IS  IN  DOUBT.    NOTWITHSTANDING  ANY  OTHER
  PROVISION OF LAW, LAW ENFORCEMENT AGENCY SHALL  NOT  INCLUDE  ANY  CHILD
  PROTECTIVE SERVICE OR ANY SOCIETY FOR THE PREVENTION OF CRUELTY TO CHIL-
  DREN  AS  SUCH TERMS ARE DEFINED IN SECTION FOUR HUNDRED TWENTY-THREE OF
  THIS ARTICLE.
    3. (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.

 S. 5119--A                          5

    (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.
    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.
    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,
  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 TWENTY 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  AND NO REPORT NEED BE MADE OF ALLEGATIONS AGAINST A DECEASED
  INDIVIDUAL.
    2.  THE WILLFUL FAILURE OF AN INDIVIDUAL DEFINED IN PARAGRAPH  (A)  OF
  SUBDIVISION  ONE  OF SECTION FOUR HUNDRED TWENTY-NINE-A OF THIS TITLE TO
  REVIEW EXISTING RECORDS AND INFORMATION AND REPORT ALLEGATIONS CONTAINED
  THEREIN, AS PROVIDED BY THIS SECTION, SHALL BE A CLASS A MISDEMEANOR.
    S 3. The commissioner of the office of children  and  family  services
  shall  review  the  reporting  form used to report suspected child abuse
  pursuant to section 429-a of  the  social  services  law,  as  added  by
  section  two  of  this act, and, if necessary, shall revise such form to
  make it appropriate for reporting to law enforcement agencies.
    S 4. This act shall take effect on the sixtieth  day  after  it  shall
  have become a law.