Bill Text: NY A03366 | 2013-2014 | General Assembly | Introduced

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Bill Title: Enacts Caylee's law; establishes the crime of failure to report a child's disappearance or death, a class D felony; makes exception where child dies while under the medical care of a licensed physician.

Spectrum: Moderate Partisan Bill (Republican 15-3)

Status: (Introduced - Dead) 2013-01-25 - referred to codes [A03366 Detail]

Download: New_York-2013-A03366-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3366
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 25, 2013
                                      ___________
       Introduced  by  M. of A. RABBITT, McDONOUGH, McKEVITT, ORTIZ, MONTESANO,
         GRAF, SALADINO, HAWLEY, FINCH, TENNEY -- Multi-Sponsored by --  M.  of
         A. ARROYO, BARCLAY, CERETTO, GIGLIO, McLAUGHLIN, PALMESANO, RA, RIVERA
         -- read once and referred to the Committee on Codes
       AN  ACT to amend the penal law, in relation to establishing the crime of
         failure to report the death or disappearance of a child
         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  "Caylee's law".
    3    S 2. The penal law is amended by adding a new section 260.35  to  read
    4  as follows:
    5  S 260.35 FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD.
    6    1.  A PERSON IS GUILTY OF FAILURE TO REPORT THE DEATH OR DISAPPEARANCE
    7  OF A CHILD WHEN:
    8    (A) HE OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY  CHARGED
    9  WITH  THE  CARE  OR  CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD AND
   10  KNOWINGLY OR INTENTIONALLY FAILS TO NOTIFY AND REPORT TO LAW ENFORCEMENT
   11  IN A TIMELY MANNER OF TWENTY-FOUR HOURS OR LESS THE DEATH OF SUCH CHILD,
   12  REGARDLESS OF WHETHER SUCH DEATH WAS ACCIDENTAL OR INTENTIONAL; OR
   13    (B) HE OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY  CHARGED
   14  WITH  THE  CARE  OR  CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD AND
   15  KNOWINGLY OR INTENTIONALLY FAILS TO NOTIFY AND REPORT TO LAW ENFORCEMENT
   16  IN A TIMELY  MANNER OF TWENTY-FOUR HOURS OR LESS  THE  DISAPPEARANCE  OF
   17  SUCH CHILD.
   18    2.  A  PERSON IS NOT GUILTY OF THE  PROVISIONS OF THIS SECTION WHEN HE
   19  OR SHE ENGAGES IN THE CONDUCT  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
   20  SECTION AND THE CHILD DIES WHILE UNDER MEDICAL CARE FROM A DULY LICENSED
   21  PHYSICIAN.
   22    FAILURE  TO  REPORT THE DEATH OR DISAPPEARANCE OF A CHILD IS A CLASS D
   23  FELONY.
   24    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   25  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05373-01-3