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.
Go to top

A08936 Actions:

BILL NO    A08936 

01/04/2012 referred to codes
Go to top

A08936 Votes:

There are no votes for this bill in this legislative session.
Go to top

A08936 Memo:

BILL NUMBER:A8936

TITLE  OF BILL:  An act to amend the penal law, in relation to the fail-
ure 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):

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.

S  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.
Go to top

A08936 Text:

                           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
Go to top
Page display time = 0.1258 sec