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Assembly Bill A8541

2011-2012 Legislative Session

Requires parents, foster parents, legal guardians, caretakers or other responsible adults to notify law enforcement of the death of a child, accidental or otherwise

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Archive: Last Bill Status - In Assembly Committee

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2011-A8541 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง260.22, Pen L

2011-A8541 (ACTIVE) - Summary

Requires parents, foster parents, legal guardians, caretakers or other responsible adults to notify law enforcement of the death of a child, accidental or otherwise, within a timely manner.

2011-A8541 (ACTIVE) - Bill Text download pdf 

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

                                  8541

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              July 20, 2011
                               ___________

Introduced  by M. of A. MENG, BARCLAY, BENEDETTO, BOYLE, CROUCH, CURRAN,
  DUPREY, GALEF, HAWLEY, JOHNS,  MARKEY,  McKEVITT,  M. MILLER,  MURRAY,
  RAIA,  REILICH,  ROBERTS, RUSSELL, SALADINO, SWEENEY, TEDISCO, TENNEY,
  WEPRIN, ZEBROWSKI -- Multi-Sponsored by -- M. of A. BRAUNSTEIN, LATIM-
  ER, 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, legal guardians, caretakers or other  responsible  adults  to
  notify  law  enforcement of the death of a child, accidental or other-
  wise, 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 260.22 to
read as follows:
S 260.22 FAILURE TO REPORT THE DEATH OF A CHILD.
  A PERSON IS GUILTY OF FAILURE TO REPORT THE DEATH 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 DIES IN THIS STATE, HE OR SHE FAILS OR REFUSES WITHOUT LAWFUL EXCUSE
TO REPORT THE DEATH OF THE CHILD, ACCIDENTAL OR OTHERWISE, OR  CAUSE  TO
HAVE  A  REPORT OF THE DEATH OF A 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 DEATH AS SOON AS PRACTICABLE, BUT IN  ANY  EVENT  WITHIN
TWENTY-FOUR HOURS OF THE DEATH.
  2.  A.  NOTHING  IN  THIS SECTION SHALL PROHIBIT ANY OTHER PERSON FROM
REPORTING A CHILD DEATH  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 DEATH AS PROVIDED IN THIS SECTION.
  FAILURE TO REPORT THE DEATH 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
                      [ ] is old law to be omitted.

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