Relates to the offense of endangering the welfare of a child

BILL NUMBER:S5866

Title of bill

An act to amend the penal law, in relation to endangering the welfare of a child

Purpose

To ensure that parents, guardians or other persons legally charged with the care of custody of a child do not delay in notifying law enforcement of a child disappearance.

Summary of provisions

Section one adds new subdivision 4 to Section 260.10 of the Penal Law, adding to the crime of endangering the welfare of a child, failure of a parent, guardian or other person legally charged with the care or custody of a child less than ten years old to report such child as missing after a period of more than 24 hours. The penalty for endangering a welfare of a child is increased from a Class A misdemeanor to a Class E felony.

Section two sets the effective date as the first of November succeeding the date on which it is enacted.

Justification

Children are most vulnerable when left unattended for a period of time by those charged with their care. In the wake of recent and highly publicized cases involving missing children, parents, guardians and other legally responsible caretakers should be required to notify the police when a child is missing for an extended period of time.

This legislation hopes to ensure that parents, legal guardians, caretakers or other responsible adults notify law enforcement of the disappearance of their child under the age of ten within twenty-four hours of the disappearance.

Legislative history

This is a new bill.

Fiscal implications

None to the State.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.