New York A 8649: Enacts the "safe haven baby box act"

Bill Text

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A08649 Summary:

BILL NOA08649 

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SAME ASSAME AS S07904

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SPONSORWilliams

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COSPNSR

&nbsp

MLTSPNSR

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Amd 372-g, Soc Serv L; amd 260.15, Pen L

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Enacts the "safe haven baby box act" to provide a defense to endangering the welfare of a child; defines "safe haven baby box" to mean a secure, climate-controlled device installed at a facility staffed twenty-four hours per day, seven days per week, including but not limited to hospitals, police stations, fire stations, and emergency medical service facilities.

Go to top A08649 Actions:

BILL NOA08649 

&nbsp

05/22/2025referred to children and families

01/07/2026referred to children and families

Go to topA08649 Committee&nbspVotes:

Go to topA08649 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08649 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8649

 2025-2026 Regular Sessions

 IN ASSEMBLY

 May 22, 2025
 ___________

 Introduced by M. of A. WILLIAMS -- read once and referred to the Commit-
 tee on Children and Families

 AN ACT to amend the social services law and the penal law, in relation
 to establishing safe haven baby boxes as authorized locations for the
 lawful and anonymous surrender of infants

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "safe haven baby box act".
 3 § 2. Section 372-g of the social services law, as added by chapter 156
 4 of the laws of 2000, is amended to read as follows:
 5 § 372-g. Abandoned infant protection program. The office of children
 6 and family services shall develop and implement a public information
 7 program to inform the general public of the provisions of the abandoned
 8 infant protection act. The program may include but not be limited to the
 9 following elements:
 10 1. educational and informational materials in print, audio, video,
 11 electronic, or other media;
 12 2. public service announcements and advertisements; [and]
 13 3. establishment of toll-free telephone hotlines to provide informa-
 14 tion[.]; and
 15 4. for the purposes of this section, the term "safe haven baby box"
 16 shall mean a secure, climate-controlled device installed at a facility
 17 staffed twenty-four hours per day, seven days per week, including but
 18 not limited to hospitals, police stations, fire stations, and emergency
 19 medical service facilities. Such device shall:
 20 (a) lock automatically upon placement of an infant;
 21 (b) notify facility personnel immediately upon use via alarm or alert
 22 system;
 23 (c) be accessible only from the interior side of the facility by
 24 authorized staff;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13009-01-5

 A. 8649 2

 1 (d) include interior cushioning and temperature regulation to protect
 2 the infant; and
 3 (e) be approved by and installed in accordance with regulations
 4 promulgated by the office of children and family services.
 5 § 3. Section 260.15 of the penal law, as amended by chapter 447 of the
 6 laws of 2010, is amended to read as follows:
 7 § 260.15 Endangering the welfare of a child; defense.
 8 1. In any prosecution for endangering the welfare of a child, pursuant
 9 to section 260.10 of this article, based upon an alleged failure or
 10 refusal to provide proper medical care or treatment to an ill child, it
 11 is an affirmative defense that the defendant (a) is a parent, guardian
 12 or other person legally charged with the care or custody of such child;
 13 and (b) is a member or adherent of an organized church or religious
 14 group the tenets of which prescribe prayer as the principal treatment
 15 for illness; and (c) treated or caused such ill child to be treated in
 16 accordance with such tenets.
 17 2. A person is not guilty of the crime of endangering the welfare of a
 18 child pursuant to section 260.10 of this article based solely upon the
 19 fact that such person delivers a child not more than thirty days old to:
 20 (a) a safe haven as defined under section three hundred seventy-two-g
 21 of the social services law, including placement of the child into a safe
 22 haven bab