Bill Text: NY A08596 | 2011-2012 | General Assembly | Introduced

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Bill Title: Enacts Caylee's law; establishes the crime of failure to report a child's disappearance or death; class D felony; exception where child dies while under the medical care of a licensed physician.

Spectrum: Moderate Partisan Bill (Republican 17-3)

Status: (Introduced - Dead) 2012-05-22 - held for consideration in codes [A08596 Detail]

Download: New_York-2011-A08596-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8596
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                  September 21, 2011
                                      ___________
       Introduced  by M. of A. RABBITT -- read once and referred to the Commit-
         tee 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  IN A TIMELY MANNER OF TWENTY-FOUR HOURS OR LESS THE DEATH OF SUCH CHILD,
   12  REGARDLESS OF 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  IN  A  TIMELY   MANNER OF TWENTY-FOUR HOURS OR LESS THE DISAPPEARANCE OF
   17  SUCH CHILD.
   18    2. A PERSON IS NOT GUILTY OF THE  PROVISIONS OF THIS SECTION  WHEN  HE
   19  OR  SHE  ENGAGES  IN  THE  CONDUCT  DESCRIBED IN SUBDIVISION ONE OF THIS
   20  SECTION AND THE CHILD DIES WHILE UNDER MEDICAL CARE FROM A DULY LICENSED
   21  PHYSICIAN.
   22    FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD IS A  CLASS  D
   23  FELONY.
   24    S  3.  This  act  shall take effect on the sixtieth day after it shall
   25  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13272-03-1