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Assembly Bill A8539

2011-2012 Legislative Session

Requires parents, foster parents or other persons legally charged with the care or custody of a child less than 16 years of age to notify law enforcement of the disappearance of the child

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Archive: Last Bill Status - In Assembly Committee

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2011-A8539 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง260.23, Pen L

2011-A8539 (ACTIVE) - Summary

Requires parents, foster parents or other persons legally charged with the care or custody of a child less than sixteen years of age to notify law enforcement of the disappearance of the child within a timely manner.

2011-A8539 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8539

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              July 20, 2011
                               ___________

Introduced  by  M. of A. MENG, BENEDETTO, BOYLE, CROUCH, CURRAN, DUPREY,
  GALEF, HAWLEY, JOHNS, MARKEY, McKEVITT,  M. MILLER,  MURRAY,  MILLMAN,
  RAIA,  REILICH,  ROBERTS, RUSSELL, SALADINO, SWEENEY, TEDISCO, TENNEY,
  WEPRIN, ZEBROWSKI -- Multi-Sponsored by -- M. of  A.  BARCLAY,  BRAUN-
  STEIN,  LATIMER,  MAGEE, McENENY, McLAUGHLIN, RABBITT -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation to requiring parents,  foster
  parents or other persons legally charged with the care or custody of a
  child  less than sixteen years of age to notify law enforcement of the
  disappearance of the child within a timely manner

  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 260.23 to
read as follows:
S 260.23 FAILURE TO REPORT THE DISAPPEARANCE OF A CHILD.
  A PERSON IS GUILTY OF FAILURE TO REPORT THE DISAPPEARANCE OF  A  CHILD
WHEN:
  1.  BEING  A  PARENT,  GUARDIAN, FOSTER PARENT OR OTHER PERSON LEGALLY
CHARGED WITH THE CARE OR CUSTODY OF A CHILD LESS THAN SIXTEEN YEARS  OLD
WHO  DISAPPEARS  WHILE IN THIS STATE, HE OR SHE FAILS OR REFUSES WITHOUT
LAWFUL EXCUSE TO REPORT THE DISAPPEARANCE OF THE CHILD OR CAUSE TO  HAVE
A REPORT OF THE DISAPPEARANCE OF THE CHILD MADE TO THE POLICE DEPARTMENT
IN THE TOWN, CITY OR COUNTY WHERE THE MINOR LAST RESIDED OR WAS VISITING
AT  THE  TIME  OF  THE  DISAPPEARANCE AS SOON AS PRACTICABLE, BUT IN ANY
EVENT WITHIN SEVENTY-TWO HOURS OF THE DISAPPEARANCE.
  2. A. NOTHING IN THIS SECTION SHALL PROHIBIT  ANY  OTHER  PERSON  FROM
REPORTING  A  CHILD  DISAPPEARANCE  IN ACCORDANCE WITH THE PROVISIONS OF
THIS SECTION OR AFFECT OTHER REPORTING REQUIREMENTS UNDER STATE LAW.
  B. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE MAKING OF
MORE THAN ONE REPORT OF ANY DISAPPEARANCE AS PROVIDED IN THIS SECTION.
  FAILURE TO REPORT THE DISAPPEARANCE OF A CHILD IS A CLASS D FELONY.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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