S1590-2011 Actions

• Jan 4, 2012: REFERRED TO CIVIL SERVICE AND PENSIONS
• Jan 10, 2011: REFERRED TO CIVIL SERVICE AND PENSIONS

S1590-2011 Memo

BILL NUMBER:S1590

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.

S1590-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1590
 2011-2012 Regular Sessions
 I N  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

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