BILL NUMBER:A10516
TITLE OF BILL:
An act to amend the penal law, in relation to increasing the penalties
for custodial interference
PURPOSE OR GENERAL IDEA OF BILL:
To reduce the number of kidnappings of children by non-custodial parents
by increasing the penalties of the applicable crimes and to protect more
children by having the statute apply to children up to age sixteen.
SUMMARY OF SPECIFIC PROVISIONS:
Section (1) - makes custodial interference in the second degree applica-
ble to the taking of a child less than sixteen years of age and makes
such crimes a Class "E" felony.
Section (2) - makes custodial interference in the second degree a Class
"D" felony.
Section (3) - defines custodial interference in the third degree in the
taking or enticing of a child, less than sixteen years old from his
lawful custodian in violation of a temporary custody determination or
order of protection; or he/she takes or entices the child from his
S T A T E O F N E W Y O R K
________________________________________________________________________
10516
I N A S S E M B L Y
April 2, 2010
___________
Introduced by M. of A. TEDISCO -- Multi-Sponsored by -- M. of A.
BACALLES, CALHOUN, HAWLEY, KOLB -- read once and referred to the
Committee on Codes
AN ACT to amend the penal law, in relation to increasing the penalties
for custodial interference
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The closing paragraph of section 135.45 of the penal law is
amended to read as follows:
Custodial interference in the second degree is a class [A misdemeanor]
E FELONY.
S 2. The closing paragraph of section 135.50 of the penal law, as
amended by chapter 785 of the laws of 1981, is amended to read as
follows:
Custodial interference in the first degree is a class [E] D felony.
S 3. The penal law is amended by adding a new section 135.40 to read
as follows:
S 135.40 CUSTODIAL INTERFERENCE IN THE THIRD DEGREE.
A PERSON IS GUILTY OF CUSTODIAL INTERFERENCE IN THE THIRD DEGREE WHEN,
BEING A PARENT OF A CHILD LESS THAN SIXTEEN YEARS OLD, INTENDING TO HOLD
SUCH CHILD PERMANENTLY OR FOR A PROTRACTED PERIOD OF TIME:
1. SUCH PERSON TAKES OR ENTICES SUCH CHILD FROM HIS OR HER LAWFUL
CUSTODIAN IN VIOLATION OF A TEMPORARY CUSTODY DETERMINATION OR ORDER OF
PROTECTION ISSUED DURING THE PENDENCY OF CUSTODY PROCEEDINGS; OR
2. SUCH PERSON TAKES OR ENTICES SUCH CHILD FROM HIS OR HER LAWFUL
CUSTODIAN, NOTWITHSTANDING THE FACT THAT NO CUSTODY DETERMINATION OR
ORDER OF PROTECTION HAS BEEN ISSUED, DURING THE PENDENCY OF SUCH
PROCEEDINGS.
CUSTODIAL INTERFERENCE IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR.
S 4. This act shall take effect on the fifteenth of November next
succeeding the date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15914-01-0
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