STATE OF NEW YORK ________________________________________________________________________ 2105 2017-2018 Regular Sessions IN ASSEMBLY January 17, 2017 ___________ Introduced by M. of A. MAYER, BARRETT, PAULIN, OTIS, MOSLEY, JAFFEE, STECK, GALEF, CROUCH, GRAF, HOOPER, DINOWITZ, WEPRIN, BICHOTTE, GUNTHER -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, COOK, HIKIND, PERRY, RIVERA -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to custodial interference and repealing certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 135.45 of the penal law is amended to read as 2 follows: 3 § 135.45 Custodial interference in the second degree. 4 A person is guilty of custodial interference in the second degree 5 when: 6 1. Being a relative of a child less than sixteen years old, [~~intend-~~ 7 ~~ing to hold such child permanently or for a protracted period,~~] and 8 knowing that he or she has no legal right to do so, he or she takes or 9 entices such child from his or her lawful custodian; or 10 2. In the absence of a court order determining the rights of custody 11 or visitation to a child less than sixteen years old, a relative of such 12 child takes or entices such child with intent to deny access from, 13 custody or visitation rights of, another to that child or for the 14 purpose of evading the jurisdiction of the courts of this state; or 15 3. He or she retains a child less than sixteen years old or an incom- 16 petent person after expiration of any authorized visitation period with 17 intent to either intimidate or harass another who has lawful custody or 18 to prevent the other person from regaining custody; or 19 4. Knowing that he or she has no legal right to do so, he or she takes 20 or entices from lawful custody any incompetent person or other person 21 entrusted by authority of law to the custody of another person or insti- 22 tution. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02501-01-7

A. 2105 2 1 Custodial interference in the second degree is a class A misdemeanor. 2 § 2. Section 135.50 of the penal law is REPEALED and a new section 3 135.50 is added to read as follows: 4 § 135.50 Custodial interference in the first degree. 5 A person is guilty of custodial interference in the first degree when 6 he or she commits the crime of custodial interference in the second 7 degree and: 8 1. detains or conceals the child or incompetent person from his or her 9 lawful custodian with intent to hold the child or incompetent person 10 permanently or for a protracted period of time; or 11 2. exposes the child or incompetent person to a risk that his or her 12 safety will be endangered or his or her health materially impaired; or 13 3. removes the child or incompetent person from the state. 14 Custodial interference in the first degree is a class E felony. 15 § 3. The penal law is amended by adding three new sections 135.51, 16 135.52 and 135.53 to read as follows: 17 § 135.51 Affirmative defense. 18 It shall be an affirmative defense to a prosecution under section 19 135.45 or under subdivision one or three of section 135.50 of this arti- 20 cle that the victim had been abandoned or that the taking was necessary 21 in an emergency to protect the victim because he or she has been 22 subjected to or threatened with mistreatment or abuse or the person was 23 fleeing an incidence or pattern of domestic violence. 24 § 135.52 Special provisions relating to sentencing. 25 1. In addition to any sentence imposed against any person convicted of 26 violating section 135.45 or 135.50 of this article, the court may assess 27 any reasonable expenses incurred by the lawful custodian and/or state or 28 other unit of government in searching for and/or recovering the child or 29 incompetent person. 30 2. As a condition of any sentence imposed against any person convicted 31 of violating section 135.45 or 135.50 of this article, the court may in 32 addition, require the defendant to receive counseling at the expense of 33 the defendant, based on his or her ability to pay. 34 § 135.53 Duties of law enforcement officers. 35 1. A law enforcement officer who is conducting an investigation for a 36 violation of section 135.45 or 135.50 of this article shall enter such 37 case in the federal National Crime Information Center Computer or any 38 similar successor compilation. 39 2. A law enforcement officer who is conducting an investigation or 40 making an arrest for a violation of section 135.45 or 135.50 of this 41 article shall take the child or incompetent person into protective 42 custody. Such officer shall return such child or incompetent person 43 taken into protective custody to his or her lawful custodian or to the 44 institution from which he or she is entrusted or to the court in which a 45 custody proceeding is pending. 46 § 4. This act shall take effect on the first of November next succeed- 47 ing the date on which it shall have become a law.

Relates to custodial interference; repealer

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