What's happening
This bill makes it a class D felony for a parent or guardian to knowingly fail to report a child's death or disappearance.
Why it matters
Raises the legal stakes for parents/guardians. By making it a class D felony to fail to report a child's death or disappearance, the bill significantly increases the potential criminal consequences for inaction, aiming to deter cover-ups or delays that could impede investigations or the child's safety.
Establishes clear reporting timeframes and standards. The legislation requires immediate notification upon discovering a child’s death and a strict 24-hour window for reporting a disappearance, clarifying expectations and reducing ambiguity in crisis situations.
Creates exceptions to protect vulnerable reporters. The bill includes exemptions if a parent or guardian’s failure to report is due to physical threats, fear for the child's safety if authorities are contacted, or if the child is with a non-custodial parent, acknowledging complex family and safety dynamics.
Potential to enhance child welfare and law enforcement response. By mandating swift reporting, the law could improve the chances of saving missing children and ensuring timely investigations, potentially leading to better outcomes for at-risk youth.
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Felony for Not Reporting Child
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History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. The penal law is amended by adding a new section 260.37 to read as follows: § 260.37 Failure to report the death or disappearance of a child.
A person is guilty of failure to report the death or disappearance of a child when:
1. He or she is the parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old and knowingly or intentionally fails to report the death of such child to proper authorities or notify law enforcement immediately upon the discovery of the death of such child, regardless of whether such death was accidental or intentional.
2. He or she is the parent, guardian or other person legally charged with the care or custody of a child less than sixteen years old and knowingly or intentionally fails to notify law enforcement in a timely manner not to exceed twenty-four hours, upon the discovery of the disappearance of such child.
3. An individual shall not be prosecuted under this section if the failure to report to proper authorities or to notify law enforcement was the direct result of physical threats, fear that the child may be harmed if law enforcement were notified or if the person in physical possession of the child is the non-custodial parent.
Failure to report the death or disappearance of a child is a class D felony.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08184-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.