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Senate Bill S2998

2013-2014 Legislative Session

Establishes the crime of failure to report the death or disappearance of a child

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Archive: Last Bill Status - In Senate Committee Codes Committee

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2013-S2998 (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add ยง260.35, Pen L
Versions Introduced in 2011-2012 Legislative Session:
S5858

2013-S2998 (ACTIVE) - Summary

Establishes the crime of failure to report the death or disappearance of a child.

2013-S2998 (ACTIVE) - Sponsor Memo

2013-S2998 (ACTIVE) - Bill Text download pdf 

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

                                  2998

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 28, 2013
                               ___________

Introduced  by  Sens. ADAMS, GRISANTI -- 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 establishing the crime  of
  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. The penal law is amended by adding a new section 260.35  to
read as follows:
S 260.35 FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD.
  1.  A PERSON IS GUILTY OF FAILURE TO REPORT THE DEATH OR DISAPPEARANCE
OF A CHILD WHEN:
  (A) HE OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY  CHARGED
WITH  THE  CARE  OR  CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD AND
KNOWINGLY OR INTENTIONALLY FAILS TO NOTIFY AND REPORT TO LAW ENFORCEMENT
IN A TIMELY MANNER OF TWENTY-FOUR HOURS OR LESS THE DEATH OF SUCH CHILD,
REGARDLESS OF WHETHER SUCH DEATH WAS ACCIDENTAL OR INTENTIONAL; OR
  (B) HE OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY  CHARGED
WITH  THE  CARE  OR  CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD AND
KNOWINGLY OR INTENTIONALLY FAILS TO NOTIFY AND REPORT TO LAW ENFORCEMENT
IN A TIMELY MANNER OF TWENTY-FOUR HOURS OR LESS OF THE DISAPPEARANCE  OF
SUCH CHILD.
  2. A PERSON IS NOT GUILTY OF THE PROVISIONS OF THIS SECTION WHEN HE OR
SHE ENGAGES IN THE CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION:
  (A) WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY; OR
  (B)  THE  CHILD  DIES  WHILE  UNDER  MEDICAL CARE FROM A DULY LICENSED
PHYSICIAN.
  FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD IS A  CLASS  D
FELONY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06092-01-3

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