Establishes the crime of concealment of a death when a person knowingly moves or otherwise conceals a human corpse so that discovery of the death of such person will be hindered; makes such crime a class D felony.
Ayes (56): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hassell-Thomps, Huntley, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Perkins, Ranzenhofer, Ritchie, Rivera, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Young, Zeldin
Nays (2): Duane, Montgomery
Excused (3): Hannon, Parker, Valesky
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: The crime of concealment of a death is included in S.5862A 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 ________________________________________________________________________ 6489 IN SENATE February 15, 2012 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the crime of concealment of a death THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as "Amanda Lynn's Law". S 2. The penal law is amended by adding a new section 190.18 to read as follows: S 190.18 CONCEALMENT OF A DEATH. 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. S 3. This act shall take effect on the one hundred eightieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14614-01-2