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

                                  8300

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            December 6, 2013
                               ___________

Introduced  by M. of A. MAYER -- read once and referred 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  Section  135.50  of the penal law is REPEALED and a new section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.
                                                           LBD13041-01-3
              

A. 8300                             2

S 135.50 CUSTODIAL INTERFERENCE IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF CUSTODIAL INTERFERENCE IN THE FIRST DEGREE WHEN
HE OR SHE COMMITS THE CRIME OF  CUSTODIAL  INTERFERENCE  IN  THE  SECOND
DEGREE AND:
  1. DETAINS OR CONCEALS THE CHILD OR INCOMPETENT PERSON FROM HIS OR HER
LAWFUL  CUSTODIAN  WITH  INTENT  TO HOLD THE CHILD OR INCOMPETENT PERSON
PERMANENTLY OR FOR A PROTRACTED PERIOD OF TIME; OR
  2. EXPOSES THE CHILD OR INCOMPETENT PERSON TO A RISK THAT HIS  OR  HER
SAFETY WILL BE ENDANGERED OR HIS OR HER HEALTH MATERIALLY IMPAIRED; OR
  3. REMOVES THE CHILD OR INCOMPETENT PERSON FROM THE STATE.
  CUSTODIAL INTERFERENCE IN THE FIRST DEGREE IS A CLASS E FELONY.
  S  3.  The  penal  law is amended by adding three new sections 135.51,
135.52 and 135.53 to read as follows:
S 135.51 AFFIRMATIVE DEFENSE.
  IT SHALL BE AN AFFIRMATIVE DEFENSE  TO  A  PROSECUTION  UNDER  SECTION
135.45 OR UNDER SUBDIVISION ONE OR THREE OF SECTION 135.50 OF THIS ARTI-
CLE  THAT THE VICTIM HAD BEEN ABANDONED OR THAT THE TAKING WAS NECESSARY
IN AN EMERGENCY TO PROTECT  THE  VICTIM  BECAUSE  HE  OR  SHE  HAS  BEEN
SUBJECTED  TO OR THREATENED WITH MISTREATMENT OR ABUSE OR THE PERSON WAS
FLEEING AN INCIDENCE OR PATTERN OF DOMESTIC VIOLENCE.
S 135.52 SPECIAL PROVISIONS RELATING TO SENTENCING.
  1. IN ADDITION TO ANY SENTENCE IMPOSED AGAINST ANY PERSON CONVICTED OF
VIOLATING SECTION 135.45 OR 135.50 OF THIS ARTICLE, THE COURT MAY ASSESS
ANY REASONABLE EXPENSES INCURRED BY THE LAWFUL CUSTODIAN AND/OR STATE OR
OTHER UNIT OF GOVERNMENT IN SEARCHING FOR AND/OR RECOVERING THE CHILD OR
INCOMPETENT PERSON.
  2. AS A CONDITION OF ANY SENTENCE IMPOSED AGAINST ANY PERSON CONVICTED
OF VIOLATING SECTION 135.45 OR 135.50 OF THIS ARTICLE, THE COURT MAY  IN
ADDITION,  REQUIRE THE DEFENDANT TO RECEIVE COUNSELING AT THE EXPENSE OF
THE DEFENDANT, BASED ON HIS OR HER ABILITY TO PAY.
S 135.53 DUTIES OF LAW ENFORCEMENT OFFICERS.
  1. A LAW ENFORCEMENT OFFICER WHO IS CONDUCTING AN INVESTIGATION FOR  A
VIOLATION  OF  SECTION 135.45 OR 135.50 OF THIS ARTICLE SHALL ENTER SUCH
CASE IN THE FEDERAL NATIONAL CRIME INFORMATION CENTER  COMPUTER  OR  ANY
SIMILAR SUCCESSOR COMPILATION.
  2.  A  LAW  ENFORCEMENT  OFFICER WHO IS CONDUCTING AN INVESTIGATION OR
MAKING AN ARREST FOR A VIOLATION OF SECTION 135.45  OR  135.50  OF  THIS
ARTICLE  SHALL  TAKE  THE  CHILD  OR  INCOMPETENT PERSON INTO PROTECTIVE
CUSTODY. SUCH OFFICER SHALL RETURN  SUCH  CHILD  OR  INCOMPETENT  PERSON
TAKEN  INTO  PROTECTIVE CUSTODY TO HIS OR HER LAWFUL CUSTODIAN OR TO THE
INSTITUTION FROM WHICH HE OR SHE IS ENTRUSTED OR TO THE COURT IN WHICH A
CUSTODY PROCEEDING IS PENDING.
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.