Assembly Bill A5261

2013-2014 Legislative Session

Enacts "Caylee's law" to establish the felonies of failure to report the disappearance or death of a child

download bill text pdf

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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

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2013-A5261 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §§260.40 & 260.45, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2835
2017-2018: A6648

2013-A5261 (ACTIVE) - Summary

Enacts "Caylee's law" to establish the felonies of failure to report the disappearance of a child, as a class E felony, and failure to report the death of a child, as a class D felony.

2013-A5261 (ACTIVE) - Bill Text download pdf 

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

                                  5261

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by  M. of A. TITONE, CRESPO, SWEENEY, SCHIMEL, GALEF, ENGLE-
  BRIGHT, ROBERTS,  BENEDETTO,  TENNEY,  CASTRO,  ORTIZ,  MOYA,  MILLER,
  JAFFEE,  HOOPER  --  Multi-Sponsored  by  -- M. of A. ARROYO, BARCLAY,
  CERETTO, GIGLIO,  MAGEE,  McDONOUGH,  MILLMAN,  PALMESANO,  RA,  RAIA,
  SCHIMMINGER,  THIELE  --  read  once  and referred to the Committee on
  Codes

AN ACT to amend the penal law, in relation to the failure to report  the
  death or disappearance of a child

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Short title. This act shall be known and may be  cited  as
"Caylee's law".
  S  2.  The  penal law is amended by adding two new sections 260.40 and
260.45 to read as follows:
S 260.40 FAILURE TO REPORT THE DISAPPEARANCE OF A CHILD.
  A PERSON IS GUILTY OF FAILURE TO REPORT THE DISAPPEARANCE OF  A  CHILD
WHEN BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
CARE OR CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OF AGE AND HE OR SHE
HAS  REASON  TO  BELIEVE  SUCH  CHILD  IS  MISSING, SUCH PERSON FAILS TO
PROVIDE NOTICE THEREOF TO A POLICE OFFICER OR A LAW  ENFORCEMENT  AGENCY
WITHIN  TWENTY-FOUR HOURS SUCH PERSON HAS REASON TO BELIEVE THE CHILD IS
MISSING.
  FAILURE TO REPORT THE DISAPPEARANCE OF A CHILD IS A CLASS E FELONY.
S 260.45 FAILURE TO REPORT THE DEATH OF A CHILD.
  A PERSON IS GUILTY OF FAILURE TO REPORT THE  DEATH  OF  A  CHILD  WHEN
BEING THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE
OR  CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OF AGE AND HE OR SHE HAS
REASON TO BELIEVE SUCH CHILD IS DEAD WHILE  NOT  UNDER  THE  CARE  OF  A
HEALTH  CARE  PROFESSIONAL  OR  EMERGENCY MEDICAL PERSONNEL, SUCH PERSON
FAILS TO PROVIDE NOTICE THEREOF AS SOON AS  REASONABLY  POSSIBLE,  TO  A
POLICE OFFICER OR A LAW ENFORCEMENT AGENCY.
  FAILURE TO REPORT THE DEATH OF A CHILD IS A CLASS D FELONY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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