Assembly Bill A10516

2009-2010 Legislative Session

Increases the penalties for the crime of custodial interference in the first and second degrees and creates the crime of custodial interference in the third degree

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

multi-Sponsors

2009-A10516 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§135.45 & 135.50, add §135.40, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A3183
2013-2014: A6173

2009-A10516 (ACTIVE) - Summary

Proscribes conduct constituting the crime of custodial interference in the third degree as a class A misdemeanor; raises custodial interference in the second degree to a class E felony; and raises custodial interference in the first degree to a class D felony.

2009-A10516 (ACTIVE) - Sponsor Memo

2009-A10516 (ACTIVE) - Bill Text download pdf 

                            
                    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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.