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Sponsors
4 Multi-sponsors
History
- Referred to codes
Full text
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Sponsor's memo
BILL NUMBER:A10516
Title of bill
An act to amend the penal law, in relation to increasing the penalties for custodial interference
Purpose or general idea of bill
To reduce the number of kidnappings of children by non-custodial parents by increasing the penalties of the applicable crimes and to protect more children by having the statute apply to children up to age sixteen.
Summary of specific provisions
Section (1) - makes custodial interference in the second degree applica- ble to the taking of a child less than sixteen years of age and makes such crimes a Class "E" felony.
Section (2) - makes custodial interference in the second degree a Class "D" felony.
Section (3) - defines custodial interference in the third degree in the taking or enticing of a child, less than sixteen years old from his lawful custodian in violation of a temporary custody determination or order of protection; or he/she takes or entices the child from his lawful custodian, notwithstanding the fact that no custody determination or order of protection has been issued, during the pendency of such proceedings.
Effects of present law which this bill would alter
Custodial interference in the second degree is currently a Class "A" misdemeanor, while custodial interference in the first degree is a Class "E" felony.
Justification
The taking or kidnapping of children by their non-custodial parent or relative is reaching epidemic proportions throughout the state and the nation. The penalties for the crime of custodial interference in both the first and second degrees are increased to thwart and eliminate such parental takings. In addition, the crime of custodial interference in the third degree is created to deter parental takings before final determination of custody is granted.
Prior legislative history
2008: A.5624; Held for consideration in Codes 2007: A.5624; Referred to Codes 2006: A.3661; Held for consideration in Codes 2005: A.3661; Referred to Codes
2004: A.2312; Held for consideration in Codes 2003: A.2312; Referred to Codes 2002: A.3073; Held for consideration in Codes 2001: A.3073; Referred to Codes 2000: A.2762; Held for consideration in Codes 1999: A.2762; Referred to Codes 1998: A.3294; Referred to Codes 1997: A.3294; Held for consideration in Codes 1996: A.1624-A; Referred to Codes 1995: A.1624; Amended and recommitted to Codes 1994: A.3086-A; Referred to Codes 1994: A.3086; Amended and recommitted to Codes 1993: A.3086; Held for consideration in Codes 1992: A.3885; Referred to Codes 1990: A.4209; Referred to Codes 1988: A.1049; Held for consideration in Codes
Fiscal implications for state and local governments
None.
Effective date
The first of November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.