|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to codes|
returned to senate
died in assembly
|Jun 15, 2011||referred to codes|
delivered to assembly
|Mar 03, 2011||advanced to third reading|
|Mar 02, 2011||2nd report cal.|
|Mar 01, 2011||1st report cal.115|
|Jan 26, 2011||referred to codes|
senate Bill S2598
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2598 - Details
- Current Committee:
- Law Section:
- Penal Law
- Laws Affected:
- Amd §135.45, rpld & add §135.50, add §§135.51, 135.52 & 135.53, Pen L
S2598 - Summary
Expands provisions relating to custodial interference; provides for affirmative defense and special provisions relating to sentencing; establishes certain duties of law enforcement officers relating thereto.
S2598 - Sponsor Memo
BILL NUMBER:S2598 TITLE OF BILL: An act to amend the penal law, in relation to custodial interference and repealing certain provisions of such law relating thereto PURPOSE: With increasing recognition of the seriousness of parental abduction, this bill is designed to overcome some of the significant obstacles to the recovery and return of missing children. SUMMARY OF PROVISIONS: Section 1 amends subdivision 1 of section 135.45 of the Penal Law, custodial interference in the second degree, by removing the requirement to show that the abductor intended to hold the child permanently or for a protracted period, therefore making the focus of the statute the actual "taking" or "enticing" of the child. Section 1 also amends subdivision 2 of section 135.45 of the Penal Law to define custodial interference in the second degree as the taking or enticing of a child, in the absence of a court order determining the rights of custody or visitation, with intent to deny access, custody or visitation rights of another to that child or for the purpose of evading the courts of this State.
S2598 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2598 2011-2012 Regular Sessions I N S E N A T E January 26, 2011 ___________ Introduced by Sen. SALAND -- 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 custodial interference and repealing certain provisions of such law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 135.45 of the penal law is amended to read as follows: S 135.45 Custodial interference in the second degree. A person is guilty of custodial interference in the second degree when: 1. Being a relative of a child less than sixteen years old, [intend- ing to hold such child permanently or for a protracted period,] and knowing that he OR SHE has no legal right to do so, he OR SHE takes or entices such child from his OR HER lawful custodian; or 2. IN THE ABSENCE OF A COURT ORDER DETERMINING THE RIGHTS OF CUSTODY OR VISITATION TO A CHILD LESS THAN SIXTEEN YEARS OLD, A RELATIVE OF SUCH CHILD TAKES OR ENTICES SUCH CHILD WITH INTENT TO DENY ACCESS FROM, CUSTODY OR VISITATION RIGHTS OF, ANOTHER TO THAT CHILD OR FOR THE PURPOSE OF EVADING THE JURISDICTION OF THE COURTS OF THIS STATE; OR 3. HE OR SHE RETAINS A CHILD LESS THAN SIXTEEN YEARS OLD OR AN INCOM- PETENT PERSON AFTER EXPIRATION OF ANY AUTHORIZED VISITATION PERIOD WITH INTENT TO EITHER INTIMIDATE OR HARASS ANOTHER WHO HAS LAWFUL CUSTODY OR TO PREVENT THE OTHER PERSON FROM REGAINING CUSTODY; OR 4. Knowing that he OR SHE has no legal right to do so, he OR SHE takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or insti- tution. Custodial interference in the second degree is a class A misdemeanor. S 2. Section 135.50 of the penal law is REPEALED and a new section 135.50 is added to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05324-01-1
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