Bill Text: NY A03183 | 2011-2012 | General Assembly | Introduced

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Bill Title: Proscribes conduct constituting the crime of custodial interference in the third degree as a class A misdemeanor; raises custodial interference in the second degree to a class E felony; and raises custodial interference in the first degree to a class D felony.

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A03183 Detail]

Download: New_York-2011-A03183-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3183
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 24, 2011
                                      ___________
       Introduced  by  M.  of  A.  TEDISCO  --  Multi-Sponsored  by -- M. of A.
         CALHOUN, HAWLEY, KOLB -- read once and referred to  the  Committee  on
         Codes
       AN  ACT  to amend the penal law, in relation to increasing the penalties
         for custodial interference
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The closing paragraph of section 135.45 of the penal law is
    2  amended to read as follows:
    3    Custodial interference in the second degree is a class [A misdemeanor]
    4  E FELONY.
    5    S  2.  The  closing  paragraph  of section 135.50 of the penal law, as
    6  amended by chapter 785 of the laws  of  1981,  is  amended  to  read  as
    7  follows:
    8    Custodial interference in the first degree is a class [E] D felony.
    9    S  3.  The penal law is amended by adding a new section 135.40 to read
   10  as follows:
   11  S 135.40 CUSTODIAL INTERFERENCE IN THE THIRD DEGREE.
   12    A PERSON IS GUILTY OF CUSTODIAL INTERFERENCE IN THE THIRD DEGREE WHEN,
   13  BEING A PARENT OF A CHILD LESS THAN SIXTEEN YEARS OLD, INTENDING TO HOLD
   14  SUCH CHILD PERMANENTLY OR FOR A PROTRACTED PERIOD OF TIME:
   15    1. SUCH PERSON TAKES OR ENTICES SUCH CHILD  FROM  HIS  OR  HER  LAWFUL
   16  CUSTODIAN  IN VIOLATION OF A TEMPORARY CUSTODY DETERMINATION OR ORDER OF
   17  PROTECTION ISSUED DURING THE PENDENCY OF CUSTODY PROCEEDINGS; OR
   18    2. SUCH PERSON TAKES OR ENTICES SUCH CHILD  FROM  HIS  OR  HER  LAWFUL
   19  CUSTODIAN,  NOTWITHSTANDING  THE  FACT  THAT NO CUSTODY DETERMINATION OR
   20  ORDER OF PROTECTION  HAS  BEEN  ISSUED,  DURING  THE  PENDENCY  OF  SUCH
   21  PROCEEDINGS.
   22    CUSTODIAL INTERFERENCE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
   23    S  4.  This  act  shall  take effect on the fifteenth of November next
   24  succeeding 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.
                                                                  LBD02037-01-1