Bill Text: NY A01367 | 2015-2016 | General Assembly | Introduced

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Bill Title: Provides that a parent or guardian legally charged with the care or custody of a child less than eighteen years old shall be convicted of endangering the welfare of a child when he or she knowingly allows a registered sex offender to reside within the household.

Spectrum: Moderate Partisan Bill (Republican 12-2)

Status: (Introduced - Dead) 2016-03-29 - held for consideration in codes [A01367 Detail]

Download: New_York-2015-A01367-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1367
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced by M. of A. CROUCH, BARCLAY, KOLB -- Multi-Sponsored by -- M.
         of A. FINCH -- read once and referred to the Committee on Codes
       AN  ACT  to amend the penal law, in relation to the crime of endangering
         the welfare of a child
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 260.10 of the penal law, as amended by chapter 447
    2  of the laws of 2010, is amended to read as follows:
    3  S 260.10 Endangering the welfare of a child.
    4    A person is guilty of endangering the welfare of a child when:
    5    1. He or she knowingly acts in a manner likely to be injurious to  the
    6  physical,  mental  or moral welfare of a child less than seventeen years
    7  old or directs or authorizes such  child  to  engage  in  an  occupation
    8  involving a substantial risk of danger to his or her life or health; or
    9    2.  Being  a parent, guardian or other person legally charged with the
   10  care or custody of a child less than eighteen years old, he or she fails
   11  or refuses to exercise reasonable diligence in the control of such child
   12  to prevent him or her from becoming  an  "abused  child,"  a  "neglected
   13  child," a "juvenile delinquent" or a "person in need of supervision," as
   14  those  terms  are defined in articles ten, three and seven of the family
   15  court act[.]; OR
   16    3.  BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH  THE
   17  CARE OR CUSTODY OF A CHILD LESS THAN EIGHTEEN YEARS OLD, HE OR SHE KNOW-
   18  INGLY  ALLOWS  ANY  PERSON WHO IS A REGISTERED SEX OFFENDER, PURSUANT TO
   19  ARTICLE SIX-C OF THE CORRECTION LAW, TO RESIDE WITHIN THE HOUSEHOLD WITH
   20  SUCH CHILD.
   21    4. A person is not guilty of the provisions of this section when he or
   22  she engages in the conduct  described  in  subdivision  one  of  section
   23  260.00  of this article: (a) with the intent to wholly abandon the child
   24  by relinquishing responsibility for and right to the care and custody of
   25  such child; (b) with the intent that the child  be  safe  from  physical
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05168-01-5
       A. 1367                             2
    1  injury  and  cared  for  in an appropriate manner; (c) the child is left
    2  with an appropriate person, or in a suitable location and the person who
    3  leaves the child promptly notifies an appropriate person of the  child's
    4  location; and (d) the child is not more than thirty days old.
    5    Endangering the welfare of a child is a class A misdemeanor.
    6    S  2.  This  act shall take effect on the thirtieth day after it shall
    7  become a law.