HOUSE BILL 276

50th legislature - STATE OF NEW MEXICO - second session, 2012

INTRODUCED BY

Jimmie C. Hall

AN ACT

RELATING TO CRIMINAL LAW; ENACTING "CAYLEE'S LAW"; CREATING NEW CRIMES OF FAILURE TO REPORT THE DISAPPEARANCE OF A CHILD AND FAILURE TO REPORT THE DEATH OF A CHILD; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] FAILURE TO REPORT THE DISAPPEARANCE OF A CHILD--FAILURE TO REPORT THE DEATH OF A CHILD.--

          A. Failure to report the disappearance of a child consists of a parent or guardian having the care, custody and control of a child under fourteen years of age failing to notify a police officer or an appropriate law enforcement agency of the disappearance of the child within twenty-four hours from when the parent or guardian knew or should have known that the child was missing.

          B. Whoever commits failure to report the disappearance of a child is guilty of a fourth degree felony. Whoever commits failure to report the disappearance of a child when the circumstances of the child's disappearance would lead a reasonable person to believe that the child was in danger of physical harm is guilty of a third degree felony.

          C. Failure to report the death of a child consists of a parent or guardian having the care, custody and control of a child under fourteen years of age failing to notify a police officer or an appropriate law enforcement agency of the death of the child within twenty-four hours from when the parent or guardian had reason to believe that the child had died and the death did not occur while the child was under the care of a health care provider or emergency medical personnel.

          D. Whoever commits failure to report the death of a child is guilty of a fourth degree felony. Whoever commits failure to report the death of a child when the circumstances would lead a reasonable person to believe that the death occurred as a result of a crime is guilty of a third degree felony."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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