S5858-2011 Actions

• Jan 4, 2012: REFERRED TO CODES
• Jul 8, 2011: REFERRED TO RULES

S5858-2011 Memo

BILL NUMBER:S5858

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing the crime of failure
to report the death or disappearance of a child

SUMMARY OF PROVISIONS:
Section one adds a new section 260.35 to the penal law. Subsection one
creates the crime of failure to report the death or disappearance of
a child when the parent, guardian or other person legally charged
with the care or custody of a child less than eighteen years old
knowingly or intentionally fails to notify and report to law
enforcement within twenty-four hours of the death of such child,
regardless of whether such death was accidental or intentional; or
the disappearance of such child.

Subsection two provides that a person is not guilty of this crime when
he or she fails to report the death or disappearance of a child with
the intent that the child be safe from physical injury, or the child
dies while under medical care from a duly licensed physician.

The crime of failure to report the death or disappearance of a child
is a class D felony.

REASONS FOR SUPPORT:
Recently, the Casey Anthony trial drew national attention when Casey
Anthony was found not guilty of first degree murder in the death of
her 2-year-old daughter. Despite her failure to report her daughter's
disappearance for over a month, Anthony was only found guilty of the
misdemeanor crime of falsifying police reports.

This legislation would ensure that there will be no more cases like
Casey Anthony's in the courts, and no more innocent children will
have to go without justice.

PRIOR LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S5858-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         5858
 2011-2012 Regular Sessions
 I N  SENATE
 July 8, 2011
 
 Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
 printed to be committed to the Committee on Rules
 

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:

 

Section 1. The penal law is amended by adding a new section 260.35  to
 read as follows:

 

S 260.35 FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD.
 1.  A PERSON IS GUILTY OF FAILURE TO REPORT THE DEATH OR DISAPPEARANCE
 OF A CHILD WHEN:

 (A) HE OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY  CHARGED
 WITH  THE  CARE  OR  CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD AND
 KNOWINGLY OR INTENTIONALLY FAILS TO NOTIFY AND REPORT TO LAW ENFORCEMENT
 IN A TIMELY MANNER OF TWENTY-FOUR HOURS OR LESS THE DEATH OF SUCH CHILD,
 REGARDLESS OF WHETHER SUCH DEATH WAS ACCIDENTAL OR INTENTIONAL; OR
 (B) HE OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY  CHARGED
 WITH  THE  CARE  OR  CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD AND
 KNOWINGLY OR INTENTIONALLY FAILS TO NOTIFY AND REPORT TO LAW ENFORCEMENT
 IN A TIMELY MANNER OF TWENTY-FOUR HOURS OR LESS OF THE DISAPPEARANCE  OF
 SUCH CHILD.
 2. A PERSON IS NOT GUILTY OF THE PROVISIONS OF THIS SECTION WHEN HE OR
 SHE ENGAGES IN THE CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION:

 (A) WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY; OR
 (B)  THE  CHILD  DIES  WHILE  UNDER  MEDICAL CARE FROM A DULY LICENSED
 PHYSICIAN.
 FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD IS A  CLASS  D
 FELONY.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13256-01-1

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