senate Bill S2598

2011-2012 Legislative Session

Relates to custodial interference; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (10)
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
passed senate
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

S2598 - Details

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

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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