Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2016 |
referred to codes |
Apr 06, 2015 |
referred to codes |
Senate Bill S4680
2015-2016 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Codes 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
Actions
co-Sponsors
(R, C, IP) Senate District
(R) Senate District
(R, C) 7th Senate District
(R, C) 58th Senate District
2015-S4680 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1980
- Current Committee:
- Senate Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §135.45, rpld §135.50, add §§135.51, 135.52 & 135.53, Pen L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
A8300
2017-2018: S741, A2105
2015-S4680 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4680 TITLE OF BILL: An act to amend the penal law, in relation to custodial interference and repealing certain provisions of such law relating thereto PURPOSE: With increasing recognition of the seriousness of parental abduction, this bill is designed to overcome some of the significant obstacles to the recovery and return of missing children. SUMMARY OF PROVISIONS: Section 1 amends § 135.45 of the Penal Law, related to custodial interference in the second degree, and removes the requirement that the abductor intended to hold the child permanently or for a protracted period. This section also defines custodial interference in the second degree. Section 2 repeals § 135.50 of the Penal Law and adds a new section 135.50 dealing with custodial interference in the first degree. Section 3 adds three new sections (135.51, 135.52 and 135.53) to the Penal Law pertaining to the affirmative defenses, special provisions of sentences, and the duties of law enforcement officers related to
2015-S4680 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4680 2015-2016 Regular Sessions I N S E N A T E April 6, 2015 ___________ Introduced by Sen. RITCHIE -- 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. LBD00301-01-5
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