Assembly Bill A2835

2015-2016 Legislative Session

Enacts "Caylee's law" to establish the felonies of failure to report the disappearance or death of a child

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A2835 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§260.40 & 260.45, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: A5261
2017-2018: A6648

2015-A2835 (ACTIVE) - Summary

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.

2015-A2835 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2835

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  TITONE, CRESPO, SCHIMEL, GALEF, ENGLEBRIGHT,
  ROBERTS, BENEDETTO, TENNEY, ORTIZ, MOYA,  MILLER,  JAFFEE,  HOOPER  --
  Multi-Sponsored  by  --  M.  of A.   ARROYO, BARCLAY, CERETTO, GIGLIO,
  MAGEE, McDONOUGH, PALMESANO, RA, RAIA,  SCHIMMINGER,  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:

  Section  1.   Short title. This act shall be known and may be cited as
"Caylee's law".
  S 2. The penal law is amended by adding two new  sections  260.40  and
260.45 to read as follows:
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 CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS 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 TWENTY-FOUR HOURS SUCH PERSON HAS REASON TO BELIEVE THE CHILD  IS
MISSING.
  FAILURE TO REPORT THE DISAPPEARANCE 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 EIGHTEEN YEARS OF AGE AND HE OR SHE  HAS
REASON  TO  BELIEVE  SUCH  CHILD  IS  DEAD WHILE NOT UNDER THE CARE OF A
HEALTH CARE PROFESSIONAL OR EMERGENCY  MEDICAL  PERSONNEL,  SUCH  PERSON
FAILS  TO  PROVIDE  NOTICE  THEREOF AS SOON AS REASONABLY POSSIBLE, TO A
POLICE OFFICER OR A LAW ENFORCEMENT AGENCY.
  FAILURE TO REPORT THE DEATH OF A CHILD IS A CLASS D FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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