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A05713 Summary:

BILL NO    A05713 

SAME AS    No same as 

SPONSOR    Brabenec (MS)

COSPNSR    McDonough, Graf, Tenney, McKevitt, Saladino, Raia, Ortiz, Hawley,
           Lupinacci, Montesano, Finch, Skoufis

MLTSPNSR   Arroyo, Barclay, Ceretto, Duprey, Giglio, Lawrence, McLaughlin,
           Palmesano, Ra, Rivera

Add S260.35, Pen L

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.
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A05713 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         5713

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                     March 3, 2015
                                      ___________

       Introduced  by  M.  of  A.  BRABENEC, McDONOUGH, GRAF, TENNEY, McKEVITT,
         SALADINO, RAIA, ORTIZ, HAWLEY, LUPINACCI, MONTESANO, FINCH  --  Multi-
         Sponsored  by  --  M.  of A. ARROYO, BARCLAY, CERETTO, DUPREY, GIGLIO,
         LAWRENCE, 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  WITHIN TWENTY-FOUR HOURS OF THE  DEATH  OF  SUCH  CHILD,  REGARDLESS  OF
   12  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  WITHIN TWENTY-FOUR HOURS OF THE DISAPPEARANCE OF SUCH CHILD.
   17    2.  A  PERSON IS NOT GUILTY OF THE  PROVISIONS OF THIS SECTION WHEN HE
   18  OR SHE ENGAGES IN THE CONDUCT  DESCRIBED  IN  SUBDIVISION  ONE  OF  THIS
   19  SECTION AND THE CHILD DIES WHILE UNDER MEDICAL CARE FROM A DULY LICENSED
   20  PHYSICIAN OR WHEN A DEATH CERTIFICATE HAS BEEN ISSUED FOR THE CHILD.
   21    FAILURE  TO  REPORT THE DEATH OR DISAPPEARANCE OF A CHILD IS A CLASS D
   22  FELONY.
   23    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   24  have become a law.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09012-01-5
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