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A05713 Summary:

BILL NOA05713
 
SAME ASNo Same As
 
SPONSORBrabenec
 
COSPNSRMcDonough, Graf, Tenney, McKevitt, Saladino, Raia, Ortiz, Hawley, Lupinacci, Montesano, Finch, Skoufis
 
MLTSPNSRArroyo, 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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5713
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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    § 2. The penal law is amended by adding a new section 260.35  to  read
     4  as follows:
     5  § 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    § 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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