HB 37

1	A bill to be entitled
2	An act relating to offenses by caregivers of minor
3	children; providing a short title; creating s. 827.10,
4	F.S.; penalizing the failure of a caregiver, willfully
5	or by culpable negligence, to make contact with a
6	child under a specified age in his or her care for a
7	certain period and to immediately report the child as
8	missing to law enforcement after that period expires
9	without contact in certain circumstances; providing
10	criminal penalties; providing enhanced criminal
11	penalties in certain circumstances; creating s.
12	827.11, F.S.; requiring the caregiver of a minor child
13	to report the child's death to a law enforcement
14	agency within a specified period in certain
15	circumstances; requiring the caregiver of a minor
16	child to report the location of a child's corpse to a
17	law enforcement agency within a specified period in
18	certain circumstances; providing criminal penalties;
19	amending s. 837.055, F.S.; providing enhanced criminal
20	penalties for a caregiver of a minor child who
21	knowingly and willfully gives false information with
22	specified intent to a law enforcement officer
23	conducting a missing person investigation or a felony
24	criminal investigation involving a child; providing an
25	effective date.
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  This act may be cited as "Caylee's Law."
30	Section 2.  Section 827.10, Florida Statutes, is created to
31	read:
32	827.10  Missing child; duty to report.-A caregiver who
33	willfully or by culpable negligence fails to make contact with
34	or otherwise verify the whereabouts and safety of a child in his
35	or her care who is 12 years of age or younger for a period of 48
36	hours and to immediately report the child as missing to law
37	enforcement after this 48-hour period expires without contact
38	commits:
39	(1)  A felony of the second degree if the child suffers
40	great bodily harm, permanent disability, or permanent
41	disfigurement while missing; or
42	(2)  A felony of the third degree in any other
43	circumstance,
44
45	punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
46	Section 3.  Section 827.11, Florida Statutes, is created to
47	read:
48	827.11  Death of a child or location of a child's corpse;
49	reporting requirements.-
50	(1)  A caregiver of a minor child must:
51	(a)  Report the child's death to a law enforcement agency
52	within 2 hours after learning about the child's death; or
53	(b)  Report the location of the child's corpse to a law
54	enforcement agency within 2 hours after learning the location of
55	the corpse,
56
57	if the child's death appears to have been one described in s.
58	406.11(1)(a) other than a death described in s. 406.11(1)(a)6.,
59	7., or 9.
60	(2)  A person who violates this section commits a felony of
61	the second degree, punishable as provided in s. 775.082, s.
62	775.083, or s. 775.084.
63	Section 4.  Section 837.055, Florida Statutes, is amended
64	to read:
65	837.055  False information to law enforcement during
66	investigation.-
67	(1)  Except as provided in subsection (2), a person who
68	whoever knowingly and willfully gives false information to a law
69	enforcement officer who is conducting a missing person
70	investigation or a felony criminal investigation with the intent
71	to mislead the officer or impede the investigation commits a
72	misdemeanor of the first degree, punishable as provided in s.
73	775.082 or s. 775.083.
74	(2)  A caregiver, as defined in s. 827.01, who knowingly
75	and willfully gives false information to a law enforcement
76	officer who is conducting a missing person investigation or a
77	felony criminal investigation involving a minor child in his or
78	her care with the intent to mislead the officer or impede the
79	investigation commits a felony of the second degree, punishable
80	as provided in s. 775.082, s. 775.083, or s. 775.084.
81	Section 5.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.