Bill Text: NY A05876 | 2013-2014 | General Assembly | Introduced

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Bill Title: Makes it a felony to knowingly and intentionally fail to report the death or disappearance of a child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A05876 Detail]

Download: New_York-2013-A05876-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5876
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 7, 2013
                                      ___________
       Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
         on Codes
       AN ACT to amend the penal law, in relation to  making  it  a  felony  to
         knowingly  and intentionally fail 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. The penal law is amended by adding a new section 260.35 to
    2  read as follows:
    3  S 260.35 FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD.
    4    A PERSON IS GUILTY OF FAILURE TO REPORT THE DEATH OR DISAPPEARANCE  OF
    5  A CHILD WHEN:
    6    1.  HE  OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED
    7  WITH THE CARE OR CUSTODY OF A CHILD LESS  THAN  SIXTEEN  YEARS  OLD  AND
    8  KNOWINGLY  OR  INTENTIONALLY  FAILS TO REPORT THE DEATH OF SUCH CHILD TO
    9  PROPER AUTHORITIES  OR  NOTIFY  LAW  ENFORCEMENT  IMMEDIATELY  UPON  THE
   10  DISCOVERY  OF  THE DEATH OF SUCH CHILD, REGARDLESS OF WHETHER SUCH DEATH
   11  WAS ACCIDENTAL OR INTENTIONAL.
   12    2. HE OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON  LEGALLY  CHARGED
   13  WITH  THE  CARE  OR  CUSTODY  OF A CHILD LESS THAN SIXTEEN YEARS OLD AND
   14  KNOWINGLY OR INTENTIONALLY FAILS TO NOTIFY LAW ENFORCEMENT IN  A  TIMELY
   15  MANNER NOT TO EXCEED TWENTY-FOUR HOURS, UPON THE DISCOVERY OF THE DISAP-
   16  PEARANCE OF SUCH CHILD.
   17    3.  AN  INDIVIDUAL  SHALL  NOT BE PROSECUTED UNDER THIS SECTION IF THE
   18  FAILURE TO REPORT TO PROPER AUTHORITIES OR TO NOTIFY LAW ENFORCEMENT WAS
   19  THE DIRECT RESULT OF PHYSICAL THREATS, FEAR THAT THE CHILD MAY BE HARMED
   20  IF LAW ENFORCEMENT WERE NOTIFIED OR IF THE PERSON IN PHYSICAL POSSESSION
   21  OF THE CHILD IS THE NON-CUSTODIAL PARENT.
   22    FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD IS A  CLASS  D
   23  FELONY.
   24    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09575-01-3