Assembly Bill A5661

2021-2022 Legislative Session

Enacts Caylee's law; establishes the crime of failure to report a child's disappearance or death

download bill text pdf

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Archive: Last Bill Status - In Assembly 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

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2021-A5661 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add §260.37, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8596
2013-2014: A3366
2015-2016: A5713
2017-2018: A5574
2019-2020: A5561
2023-2024: A5452

2021-A5661 (ACTIVE) - Summary

Enacts Caylee's law; establishes the crime of failure to report a child's disappearance or death, a class D felony; makes exception where child dies while under the medical care of a licensed physician.

2021-A5661 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5661
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 22, 2021
                                ___________
 
 Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
   tee 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.  Short  title. This act shall be known and may be cited as
 "Caylee's law".
   § 2. 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.
   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
 WITHIN TWENTY-FOUR HOURS OF 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
 WITHIN TWENTY-FOUR HOURS 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 AND THE CHILD DIES WHILE UNDER MEDICAL CARE FROM A DULY LICENSED
 PHYSICIAN OR WHEN A DEATH CERTIFICATE HAS BEEN ISSUED FOR THE CHILD.
   FAILURE  TO  REPORT THE DEATH OR DISAPPEARANCE OF A CHILD IS A CLASS D
 FELONY.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07853-01-1

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