Bill S5858-2011

Establishes the crime of failure to report the death or disappearance of a child

Establishes the crime of failure to report the death or disappearance of a child.

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

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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.


Text

STATE OF NEW YORK ________________________________________________________________________ 5858 2011-2012 Regular Sessions IN 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.

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