S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3855
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Codes
 
 AN ACT to amend the penal law, in relation to  making  it  a  felony  to
   knowingly  and intentionally fail 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 260.37 to
 read as follows:
 § 260.37 FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD.
   A PERSON IS GUILTY OF FAILURE TO REPORT THE DEATH OR DISAPPEARANCE  OF
 A CHILD WHEN:
   1.  HE  OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED
 WITH THE CARE OR CUSTODY OF A CHILD LESS  THAN  SIXTEEN  YEARS  OLD  AND
 KNOWINGLY  OR  INTENTIONALLY  FAILS TO REPORT THE DEATH OF SUCH CHILD TO
 PROPER AUTHORITIES  OR  NOTIFY  LAW  ENFORCEMENT  IMMEDIATELY  UPON  THE
 DISCOVERY  OF  THE DEATH OF SUCH CHILD, REGARDLESS OF WHETHER SUCH DEATH
 WAS ACCIDENTAL OR INTENTIONAL.
   2. HE OR SHE IS THE PARENT, GUARDIAN OR OTHER PERSON  LEGALLY  CHARGED
 WITH  THE  CARE  OR  CUSTODY  OF A CHILD LESS THAN SIXTEEN YEARS OLD AND
 KNOWINGLY OR INTENTIONALLY FAILS TO NOTIFY LAW ENFORCEMENT IN  A  TIMELY
 MANNER NOT TO EXCEED TWENTY-FOUR HOURS, UPON THE DISCOVERY OF THE DISAP-
 PEARANCE OF SUCH CHILD.
   3.  AN  INDIVIDUAL  SHALL  NOT BE PROSECUTED UNDER THIS SECTION IF THE
 FAILURE TO REPORT TO PROPER AUTHORITIES OR TO NOTIFY LAW ENFORCEMENT WAS
 THE DIRECT RESULT OF PHYSICAL THREATS, FEAR THAT THE CHILD MAY BE HARMED
 IF LAW ENFORCEMENT WERE NOTIFIED OR IF THE PERSON IN PHYSICAL POSSESSION
 OF THE CHILD IS THE NON-CUSTODIAL PARENT.
   FAILURE TO REPORT THE DEATH OR DISAPPEARANCE OF A CHILD IS A  CLASS  D
 FELONY.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08184-01-9