SB38 Summary

• Creates two new crimes: failure to report a missing child in the first degree (Class C felony) and second degree (Class A misdemeanor), known as "Caylee's Law."

• Requires a child's custodian to report to law enforcement that a child is missing when the child's whereabouts are unknown and the custodian knows or believes the child has been abducted, suffered serious harm or abuse, or is lost or runaway.

• Mandates reports be made verbally by telephone or direct communication, followed by a written report as requested by law enforcement.

• Second-degree offense applies when a custodian fails or delays reporting with willful or reckless disregard for the child's safety; first-degree offense applies when such failure results in the child suffering serious bodily harm or death.

• Provides an affirmative defense if the custodian made reasonably diligent efforts to verify the child's whereabouts and safety during any delay in reporting.

• Becomes effective on the first day of the third month following passage and approval by the Governor.