STATE OF NEW YORK ________________________________________________________________________ 5561 2019-2020 Regular Sessions IN ASSEMBLY February 13, 2019 ___________ 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 "Caylee's law". 3 § 2. The penal law is amended by adding a new section 260.37 to read 4 as follows: 5 § 260.37 Failure to report the death or disappearance of a child. 6 1. A person is guilty of failure to report the death or disappearance 7 of a child when: 8 (a) He or she is the parent, guardian or other person legally charged 9 with the care or custody of a child less than eighteen years old and 10 knowingly or intentionally fails to notify and report to law enforcement 11 within twenty-four hours of the death of such child, regardless of 12 whether such death was accidental or intentional; or 13 (b) He or she is the parent, guardian or other person legally charged 14 with the care or custody of a child less than eighteen years old and 15 knowingly or intentionally fails to notify and report to law enforcement 16 within twenty-four hours of the disappearance of such child. 17 2. A person is not guilty of the provisions of this section when he 18 or she engages in the conduct described in subdivision one of this 19 section and the child dies while under medical care from a duly licensed 20 physician or when a death certificate has been issued for the child. 21 Failure to report the death or disappearance of a child is a class D 22 felony. 23 § 3. This act shall take effect on the sixtieth day after it shall 24 have become a law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08133-01-9