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