Protecting our children: Laws spring often from necessity
Frequently, I am asked how ideas for new laws are generated. The truth is they can be developed in a number of different ways.
Often suggestions are made from constituents, sometimes local elected officials offer their thoughts, and other times real life situations draw attention to needed changes.
It is the latter that is the basis for two bills that I am co-sponsoring that will better protect our children.
First is the “Protect Our Children Act,” which includes provisions related to the reporting of missing children, will shield children from cruel and repeated abuse and increases penalties for child predators.
The bill comes in the wake of Caylee Anthony’s tragic murder case in Florida and the murder of eight-year-old Leiby Kletzky in Brooklyn, and includes more than two dozen provisions aimed at strengthening New York State laws.
The bill would expand an existing law of aggravated abuse of a child which makes it a crime when someone recklessly causes physical injury to a child under the age of 14.
The law currently applies only to day care providers, but this bill would expand it to also apply to parents, guardians or any person in a position of trust.
Other provisions include: Create a new felony for concealing the death of a child. A death of a child is profoundly tragic, and the concealment of such not only could interfere with the prosecution of the one responsible for the death by loss of evidence, but could also prolong the agony of the family as they search for their loved one with misplaced hope; Create a new felony for failing to notify law enforcement when the whereabouts of a young child is unknown for more than 24 hours; Create new felony offenses for obstructing the location of a missing child; Create a felony child endangering statute to protect children from especially cruel and sadistic conduct.
Under current law, unless physical injury results, the infliction on children of sadistic, painful, dangerous punishments can typically be charged only as misdemeanors; Create a statute to protect children from serious reckless abuse; and Increase penalties for repeat child abusers.
New legislation has also been introduced that will close a loophole in the state’s child abuse reporting requirements.
The bill would add new individuals to the list of mandatory reporters of child abuse in New York: college coaches, athletic directors, professors, graduate assistants, administrators and college presidents.
The legislation, known as the “College Coaches and Professionals Reporting Act,” comes in the wake of the Penn State case where several school officials were made aware of inappropriate sexual conduct involving young boys alleged to have been committed by an assistant football coach.
The conduct was not properly reported to law enforcement authorities by university officials.
Many colleges and universities offer athletic and academic programs to children; we need to make sure that the coaches and other professionals who run such programs protect the young participants.
Parents need to know that should abuse take place it will be properly reported and investigated, not brushed aside.
The alleged actions of a deviant sexual predator and those who did little to stop him open our eyes to how necessary mandatory reporting of child abuse is, especially in immensely powerful organizations. There is no doubt we must expand the child abuse reporting requirement.
This is comprehensive legislation that strengthens state law in several areas, ensuring that children are safeguarded and criminals are appropriately punished.
I look forward to approving this vital legislation in short order and sending it to the governor’s desk for his signature.
