S04680 Summary:

BILL NOS04680
 
SAME ASSAME AS A01980
 
SPONSORRITCHIE
 
COSPNSRAMEDORE, CROCI, MARTINS, O'MARA, SERINO, SEWARD, YOUNG
 
MLTSPNSR
 
Amd S135.45, rpld S135.50, add SS135.51, 135.52 & 135.53, Pen L
 
Relates to custodial interference.
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S04680 Actions:

BILL NOS04680
 
04/06/2015REFERRED TO CODES
01/06/2016REFERRED TO CODES
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S04680 Committee Votes:

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S04680 Floor Votes:

There are no votes for this bill in this legislative session.
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S04680 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4680
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      April 6, 2015
                                       ___________
 
        Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to custodial interference and
          repealing certain provisions of such law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  135.45  of  the  penal law is amended to read as
     2  follows:
     3  § 135.45  Custodial interference in the second degree.
     4    A person is guilty of custodial  interference  in  the  second  degree
     5  when:
     6    1.   Being a relative of a child less than sixteen years old, [intend-
     7  ing to hold such child permanently or  for  a  protracted  period,]  and
     8  knowing  that  he or she has no legal right to do so, he or she takes or
     9  entices such child from his or her lawful custodian; or
    10    2. In the absence of a court order determining the rights  of  custody
    11  or visitation to a child less than sixteen years old, a relative of such
    12  child  takes  or  entices  such  child  with intent to deny access from,
    13  custody or visitation rights of,  another  to  that  child  or  for  the
    14  purpose of evading the jurisdiction of the courts of this state; or
    15    3.  He or she retains a child less than sixteen years old or an incom-
    16  petent person after expiration of any authorized visitation period  with
    17  intent  to either intimidate or harass another who has lawful custody or
    18  to prevent the other person from regaining custody; or
    19    4. Knowing that he or she has no legal right to do so, he or she takes
    20  or entices from lawful custody any incompetent person  or  other  person
    21  entrusted by authority of law to the custody of another person or insti-
    22  tution.
    23    Custodial interference in the second degree is a class A misdemeanor.
    24    §  2.  Section  135.50  of the penal law is REPEALED and a new section
    25  135.50 is added to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00301-01-5

        S. 4680                             2
 
     1  § 135.50 Custodial interference in the first degree.
     2    A  person is guilty of custodial interference in the first degree when
     3  he or she commits the crime of  custodial  interference  in  the  second
     4  degree and:
     5    1. detains or conceals the child or incompetent person from his or her
     6  lawful  custodian  with  intent  to hold the child or incompetent person
     7  permanently or for a protracted period of time; or
     8    2. exposes the child or incompetent person to a risk that his  or  her
     9  safety will be endangered or his or her health materially impaired; or
    10    3. removes the child or incompetent person from the state.
    11    Custodial interference in the first degree is a class E felony.
    12    §  3.  The  penal  law is amended by adding three new sections 135.51,
    13  135.52 and 135.53 to read as follows:
    14  § 135.51 Affirmative defense.
    15    It shall be an affirmative defense  to  a  prosecution  under  section
    16  135.45 or under subdivision one or three of section 135.50 of this arti-
    17  cle  that the victim had been abandoned or that the taking was necessary
    18  in an emergency to protect  the  victim  because  he  or  she  has  been
    19  subjected  to or threatened with mistreatment or abuse or the person was
    20  fleeing an incidence or pattern of domestic violence.
    21  § 135.52 Special provisions relating to sentencing.
    22    1. In addition to any sentence imposed against any person convicted of
    23  violating section 135.45 or 135.50 of this article, the court may assess
    24  any reasonable expenses incurred by the lawful custodian and/or state or
    25  other unit of government in searching for and/or recovering the child or
    26  incompetent person.
    27    2. As a condition of any sentence imposed against any person convicted
    28  of violating section 135.45 or 135.50 of this article, the court may  in
    29  addition,  require the defendant to receive counseling at the expense of
    30  the defendant, based on his or her ability to pay.
    31  § 135.53 Duties of law enforcement officers.
    32    1. A law enforcement officer who is conducting an investigation for  a
    33  violation  of  section 135.45 or 135.50 of this article shall enter such
    34  case in the federal National Crime Information Center  Computer  or  any
    35  similar successor compilation.
    36    2.  A  law  enforcement  officer who is conducting an investigation or
    37  making an arrest for a violation of section 135.45  or  135.50  of  this
    38  article  shall  take  the  child  or  incompetent person into protective
    39  custody. Such officer shall return  such  child  or  incompetent  person
    40  taken  into  protective custody to his or her lawful custodian or to the
    41  institution from which he or she is entrusted or to the court in which a
    42  custody proceeding is pending.
    43    § 4. This act shall take effect on the first of November next succeed-
    44  ing the date on which it shall have become a law.
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