A08936 Summary:

BILL NO    A08936 

SAME AS    No same as 

SPONSOR    Titone (MS)

COSPNSR    Crespo, Sweeney, Murray, Schimel, Linares, Galef, Englebright,
           Roberts, Rivera P, Benedetto, Tenney, Castelli, Castro, Ortiz, Moya,
           Miller M, Jaffee, Hooper

MLTSPNSR   Arroyo, Barclay, Ceretto, Giglio, Latimer, Magee, McDonough, Millman,
           Palmesano, Ra, Raia, Sayward, Schimminger, Thiele

Add SS260.40 & 260.45, Pen L

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.
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A08936 Actions:

BILL NO    A08936 

01/04/2012 referred to codes
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A08936 Votes:

There are no votes for this bill in this legislative session.
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A08936 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8936
 
SPONSOR: Titone (MS)
  TITLE OF BILL: An act to amend the penal law, in relation to the failure to report the death or disappearance of a child   PURPOSE: Enacts "Caylee's law" to establish the felonies of failure to report disappearance or death of a child.   SUMMARY OF PROVISIONS: The penal law is amended by adding a new section(s): § 260.40 Failure to report the disappearance of a child. A person is guilty of failure to report the disappearance of a child when being the parent, guardian or other person legally charged with the care or custo- dy of a child less than 18 of age and he or she has reason to believe such child is missing, such person fails to provide notice thereof to a police officer or a law enforcement agency within 24 hours such person has reason to believe the child is missing, Failure to report the disap- pearance of a child is a class E felony. § 260.45 Failure to report the death of a child. A person is guilty of failure to report the death of a child when being the parent, guardian or other person legally charged with the care or custody of a child less than 18 years of age and he or she has reason to believe that such child is dead while not under the care of a health care professional or emer- gency medical personnel, such person fails to provide notice thereof as soon as reasonably possible, to a police officer or law enforcement agency. Failure to report the death of a child is a class D felony.   JUSTIFICATION: This legislation will make it a felony for a parent, legal guardian, or caretaker to not notify law enforcement of the disap- pearance of a child with a 24 hour time span. In addition, this legis- lation will make it a felony for a parent, legal guardian, or caretaker to not notify law enforcement of the death of a child, accidental or otherwise. What happened in the Caylee Anthony case in the State of Florida was horrifying-and the fact that Caylee was not reported missing for 31 days makes it that much more troubling. This legislation provides an additional tool law enforcement can use to help in finding a missing child and will make it easier to prosecute those who choose to harm them.   LEGISLATIVE HISTORY: None.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
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A08936 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8936
 
                   IN ASSEMBLY
 
                                       (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    § 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.
                                                                   LBD13253-01-1
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