Bill Text: NY A03855 | 2019-2020 | General Assembly | Introduced

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Bill Title: Makes it a felony to knowingly and intentionally fail to report the death or disappearance of a child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to codes [A03855 Detail]

Download: New_York-2019-A03855-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3855
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section  1. The penal law is amended by adding a new section 260.37 to
     2  read as follows:
     3  § 260.37 Failure to report the death or disappearance of a child.
     4    A person is guilty of failure to report the death or disappearance  of
     5  a child when:
     6    1.  He  or she is the parent, guardian or other person legally charged
     7  with the care or custody of a child less  than  sixteen  years  old  and
     8  knowingly  or  intentionally  fails to report the death of such child to
     9  proper authorities  or  notify  law  enforcement  immediately  upon  the
    10  discovery  of  the death of such child, regardless of whether such death
    11  was accidental or intentional.
    12    2. He or she is the parent, guardian or other person  legally  charged
    13  with  the  care  or  custody  of a child less than sixteen years old and
    14  knowingly or intentionally fails to notify law enforcement in  a  timely
    15  manner not to exceed twenty-four hours, upon the discovery of the disap-
    16  pearance of such child.
    17    3.  An  individual  shall  not be prosecuted under this section if the
    18  failure to report to proper authorities or to notify law enforcement was
    19  the direct result of physical threats, fear that the child may be harmed
    20  if law enforcement were notified or if the person in physical possession
    21  of the child is the non-custodial parent.
    22    Failure to report the death or disappearance of a child is a  class  D
    23  felony.
    24    § 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