Bill Text: NY A08936 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts "Caylee's law" to establish the felonies of failure to report the disappearance of a child, as a class E felony, and failure to report the death of a child, as a class D felony.

Spectrum: Slight Partisan Bill (Democrat 22-11)

Status: (Introduced - Dead) 2012-01-04 - referred to codes [A08936 Detail]

Download: New_York-2011-A08936-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8936
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced  by  M.  of  A.  TITONE,  CRESPO,  SWEENEY,  MURRAY, SCHIMEL,
         LINARES, GALEF, ENGLEBRIGHT, ROBERTS,  P. RIVERA,  BENEDETTO,  TENNEY,
         CASTELLI,  CASTRO  --  Multi-Sponsored  by -- M. of A. LATIMER, MAGEE,
         McDONOUGH, MILLMAN, 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    S 2. The penal law is amended by adding two new  sections  260.40  and
    4  260.45 to read as follows:
    5  S 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  S 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    S 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.
                                                                  LBD13253-01-1