New York A 3855: Relates to making it a felony to knowingly and intentionally fail to report the death or disappearance of a child

Bill Text

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 (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD08184-01-9