S T A T E O F N E W Y O R K
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2835
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
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Introduced by M. of A. TITONE, CRESPO, SCHIMEL, GALEF, ENGLEBRIGHT,
ROBERTS, BENEDETTO, TENNEY, ORTIZ, MOYA, MILLER, JAFFEE, HOOPER --
Multi-Sponsored by -- M. of A. ARROYO, BARCLAY, CERETTO, GIGLIO,
MAGEE, McDONOUGH, 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03846-01-5