Authorizes the establishment by school districts and boards of cooperative educational services of retirement contribution reserve funds for the purposes of making contributions to the New York state teachers' retirement system.
TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of concealment of a death
PURPOSE OR GENERAL IDEA OF BILL: To establish the crime of concealment of a death.
SUMMARY OF SPECIFIC PROVISIONS:
Section one identifies this law as "Amanda Lynn's Law."
Section two provides that a person is guilty of concealment of a death when he or she knowingly moves or otherwise conceals a human corpse so that discovery of the death of such person will be hindered. Concealment of a death is a class D felony.
Section three provides the effective date.
JUSTIFICATION: Current law regulates the manner in which funeral directors, medical professionals and cemeteries can dispose of a human body and/or its remains. Disposal of a dead body without the authority of a burial or removal permit is a misdemeanor. This is inadequate to address situations where a body is moved or concealed so that discovery of the person's death will be hindered. Moving a body with such odious intentions is a serious crime deserving of an elevated penalty. This bill is named for Amanda L. Wienckowski, who died tragically in 2008.
PRIOR LEGISLATIVE HISTORY:
S.6489 of 2011-2012; Passed senate The crime of concealment of a death is included in S.8862A of 2012.
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the 180 day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 1590 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________Introduced by Sens. OPPENHEIMER, DIAZ, MONTGOMERY -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the general municipal law, in relation to authorizing school districts and boards of cooperative educational services to establish retirement contribution reserve funds for the purposes of the New York state teachers' retirement system THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs b and c of subdivision 1 of section 6-r of the general municipal law, as added by chapter 260 of the laws of 2004, are amended to read as follows: b. "Participating employer" means: (I) a participating employer as defined in subdivision twenty of section two of the retirement and social security law or in subdivision twenty of section three hundred two of such law; OR (II) AN EMPLOYER AS DEFINED IN SUBDIVISION THREE OF SECTION FIVE HUNDRED ONE OF THE EDUCATION LAW. c. "Retirement contribution" shall mean all or any portion of the amount payable by a municipal corporation to: (I) either the New York state and local employees' retirement system or the New York state and local police and fire retirement system pursuant to section seventeen or three hundred seventeen of the retirement and social security law; OR (II) THE NEW YORK STATE TEACHERS' RETIREMENT SYSTEM PURSUANT TO SECTION FIVE HUNDRED TWENTY-ONE OF THE EDUCATION LAW. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05293-01-1