S T A T E O F N E W Y O R K
________________________________________________________________________
6178
2025-2026 Regular Sessions
I N A S S E M B L Y
February 26, 2025
___________
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) SUCH PERSON 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, REGARD-
LESS OF WHETHER SUCH DEATH WAS ACCIDENTAL OR INTENTIONAL; OR
(B) SUCH PERSON 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 SUCH
PERSON 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.
LBD04031-01-5
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