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View Diary: I affectionately call this bill the, "Make Mary and Joseph Felons Bill." (12 comments)

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  •  Here is a link to the Bill. (2+ / 0-)
    Recommended by:
    Senor Unoball, raincrow

    First Engrossment.

    And here is the text:

    Sixty-third Legislative Assembly of North Dakota

    Introduced by Senators Axness, Lyson, Mathern
    Representatives Maragos, Gruchalla, Hogan

    ENGROSSED SENATE BILL NO. 2125
    FIRST ENGROSSMENT

    A BILL for an Act to create and enact two new sections to chapter 14-09 of the North Dakota Century Code, relating to the duty to report a missing child or the death of a child; and to provide a penalty.

    BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:

    SECTION 1. A new section to chapter 14-09 of the North Dakota Century Code is created and enacted as follows:

    Missing child - Duty to report - Penalty.

    1. For purposes of this section and section 2 of this Act, "caretaker" means the individual who is responsible for the physical control of a child and who is the child's biological or adoptive parent, the spouse of the child's biological or adoptive parent, or an individual acting in the stead of a child's parent at the request of the parent or another with authority to make the request.

    2. A caretaker who is responsible at that time for the care of a child under the age of thirteen years and who is unable to make contact with or otherwise verify the whereabouts and safety of that child for a period of twenty-four hours is guilty of a class C felony if the caretaker willfully or negligently fails to report the child as missing to law enforcement immediately after this twenty-four-hour period expires.

    3. A caretaker who is responsible at that time for the care of a child at least thirteen years of age but under the age of seventeen years and who is unable to make contact with or otherwise verify the whereabouts and safety of that child for a period of forty-eight hours is guilty of a class B misdemeanor if the caretaker willfully or negligently fails to report the child as missing to law enforcement immediately after the forty-eight-hour period expires.

    SECTION 2. A new section to chapter 14-09 of the North Dakota Century Code is created and enacted as follows:

    Death of a child - Duty to report - Penalty.

    1. A caretaker of a child in the caretaker's care is guilty of a class C felony if the caretaker fails to:

    a. Report the child's death to a law enforcement agency within two hours after learning about the child's death; or

    b. Report the location of the child's corpse to a law enforcement agency within two hours after learning the location of the corpse.

    2. This section does not apply to the death of a child which occurs while the child is under the care of a health care professional or emergency medical personnel.

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