SENATE BILL 97

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

INTRODUCED BY

Timothy Z. Jennings

AN ACT

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

          A. Failure to report a disappearance consists of a parent, guardian or other person having the care, custody or control of a child or an adult with Alzheimer's disease or another degenerative brain disorder failing to notify a police officer or an appropriate law enforcement agency of the disappearance of the child or the adult within twenty-four hours from when the parent, guardian or person knew or should have known that the child or the adult was missing.

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

     SECTION 2. A new section of the Criminal Code is enacted to read:

     "[NEW MATERIAL] FAILURE TO REPORT A DEATH.--

          A. Failure to report a death consists of a person failing to notify a police officer or an appropriate law enforcement agency of the death of another person within twenty-four hours from when the person knew or reasonably should have known of the death and the death did not occur under the care of a health care professional or emergency medical personnel.

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

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2012.

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