STATE OF NEW YORK ________________________________________________________________________ 6648 2017-2018 Regular Sessions IN ASSEMBLY March 10, 2017 ___________ Introduced by M. of A. TITONE, CRESPO, GALEF, ENGLEBRIGHT, BENEDETTO, ORTIZ, MOYA, M. G. MILLER, JAFFEE, HOOPER -- Multi-Sponsored by -- M. of A. ARROYO, BARCLAY, GIGLIO, MAGEE, McDONOUGH, PALMESANO, RA, RAIA, SCHIMMINGER, THIELE -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to the 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 § 2. The penal law is amended by adding two new sections 260.40 and 4 260.45 to read as follows: 5 § 260.40 Failure to report the disappearance of a child. 6 A person is guilty of failure to report the disappearance of a child 7 when being the parent, guardian or other person legally charged with the 8 care or custody of a child less than eighteen years of age and he or she 9 has reason to believe such child is missing, such person fails to 10 provide notice thereof to a police officer or a law enforcement agency 11 within twenty-four hours such person has reason to believe the child is 12 missing. 13 Failure to report the disappearance of a child is a class E felony. 14 § 260.45 Failure to report the death of a child. 15 A person is guilty of failure to report the death of a child when 16 being the parent, guardian or other person legally charged with the care 17 or custody of a child less than eighteen years of age and he or she has 18 reason to believe such child is dead while not under the care of a 19 health care professional or emergency medical personnel, such person 20 fails to provide notice thereof as soon as reasonably possible, to a 21 police officer or a law enforcement agency. 22 Failure to report the death of a child is a class D felony. 23 § 3. This act shall take effect on the first of November next succeed- 24 ing 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. LBD09170-01-7