Assembly Bill A5876

2013-2014 Legislative Session

Relates to making it a felony to knowingly and intentionally fail to report the death or disappearance of a child

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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2013-A5876 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Add ยง260.35, Pen L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8597
2015-2016: A8470
2017-2018: A4488
2019-2020: A3855

2013-A5876 (ACTIVE) - Summary

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

2013-A5876 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5876

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 7, 2013
                               ___________

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 260.35 to
read as follows:
S 260.35 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.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09575-01-3

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