S T A T E   O F   N E W   Y O R K
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                                  5713

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 3, 2015
                               ___________

Introduced  by  M.  of  A.  BRABENEC, McDONOUGH, GRAF, TENNEY, McKEVITT,
  SALADINO, RAIA, ORTIZ, HAWLEY, LUPINACCI, MONTESANO, FINCH  --  Multi-
  Sponsored  by  --  M.  of A. ARROYO, BARCLAY, CERETTO, DUPREY, GIGLIO,
  LAWRENCE, McLAUGHLIN, PALMESANO, RA, RIVERA -- read once and  referred
  to the Committee 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".
  S 2. 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.
  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.
  S 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.
                                                           LBD09012-01-5