Bill Text: NY A02884 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to reckless assault of a child by a parent, guardian or other person legally charged with the child's care and endangering the welfare of a child.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to codes [A02884 Detail]
Download: New_York-2015-A02884-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2884
2015-2016 Regular Sessions
I N A S S E M B L Y
January 20, 2015
___________
Introduced by M. of A. LENTOL -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law and the vehicle and traffic law, in
relation to reckless assault of a child by a parent, guardian or other
person legally charged with the child's care and 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 120.01 of the penal law, as added by chapter 600 of
2 the laws of 1998, is amended to read as follows:
3 S 120.01 Reckless assault of a child by a child day care provider,
4 PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
5 CHILD'S CARE.
6 A person is guilty of reckless assault of a child BY A CHILD DAY CARE
7 PROVIDER, PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
8 CHILD'S CARE when[,]:
9 1. being a child day care provider or an employee thereof, he or she
10 recklessly causes serious physical injury to a child under the care of
11 such provider or employee who is less than eleven years of age[.]; OR
12 2. BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE
13 CARE OF A CHILD LESS THAN ELEVEN YEARS OF AGE, HE OR SHE RECKLESSLY
14 CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD.
15 Reckless assault of a child by a child day care provider, PARENT,
16 GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CHILD'S CARE is a
17 class E felony.
18 S 2. Paragraph c of subdivision 5 of section 120.40 of the penal law,
19 as added by chapter 635 of the laws of 1999, is amended to read as
20 follows:
21 c. assault in the third degree, as defined in section 120.00; menacing
22 in the first degree, as defined in section 120.13; menacing in the
23 second degree, as defined in section 120.14; coercion in the first
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02969-01-5
A. 2884 2
1 degree, as defined in section 135.65; coercion in the second degree, as
2 defined in section 135.60; aggravated harassment in the second degree,
3 as defined in section 240.30; harassment in the first degree, as defined
4 in section 240.25; menacing in the third degree, as defined in section
5 120.15; criminal mischief in the third degree, as defined in section
6 145.05; criminal mischief in the second degree, as defined in section
7 145.10, criminal mischief in the first degree, as defined in section
8 145.12; criminal tampering in the first degree, as defined in section
9 145.20; arson in the fourth degree, as defined in section 150.05; arson
10 in the third degree, as defined in section 150.10; criminal contempt in
11 the first degree, as defined in section 215.51; endangering the welfare
12 of a child IN THE SECOND DEGREE, as defined in section 260.10; ENDANGER-
13 ING THE WELFARE OF A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION
14 260.09; or
15 S 3. The penal law is amended by adding a new section 260.09 to read
16 as follows:
17 S 260.09 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
18 A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
19 DEGREE WHEN, BEING EIGHTEEN YEARS OF AGE OR OLDER, HE OR SHE KNOWINGLY
20 ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR MORAL
21 WELFARE OF A CHILD LESS THAN THIRTEEN YEARS OLD, AND HE OR SHE, WITHIN
22 THE PREVIOUS FIVE YEARS, HAS BEEN CONVICTED OF ENDANGERING THE WELFARE
23 OF A CHILD IN THE SECOND DEGREE, IN VIOLATION OF SECTION 260.10 OF THIS
24 ARTICLE OR THIS SECTION.
25 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS A CLASS E
26 FELONY.
27 S 4. The section heading, the opening paragraph and the closing para-
28 graph of section 260.10 of the penal law, as amended by chapter 447 of
29 the laws of 2010, are amended to read as follows:
30 Endangering the welfare of a child IN THE SECOND DEGREE.
31 A person is guilty of endangering the welfare of a child IN THE SECOND
32 DEGREE when:
33 Endangering the welfare of a child IN THE SECOND DEGREE is a class A
34 misdemeanor.
35 S 5. Section 260.15 of the penal law, as amended by chapter 447 of the
36 laws of 2010, is amended to read as follows:
37 S 260.15 Endangering the welfare of a child; defense.
38 In any prosecution for endangering the welfare of a child[, pursuant
39 to section 260.10 of this article,] based upon an alleged failure or
40 refusal to provide proper medical care or treatment to an ill child, it
41 is an affirmative defense that the defendant (a) is a parent, guardian
42 or other person legally charged with the care or custody of such child;
43 and (b) is a member or adherent of an organized church or religious
44 group the tenets of which prescribe prayer as the principal treatment
45 for illness; and (c) treated or caused such ill child to be treated in
46 accordance with such tenets.
47 S 6. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
48 and traffic law, as amended by chapter 400 of the laws of 2011, is
49 amended to read as follows:
50 (c) The offenses referred to in subparagraph (i) of paragraph (b) of
51 subdivision one and subparagraph (i) of paragraph (c) of subdivision two
52 of this section that result in disqualification for a period of five
53 years shall include a conviction under sections 100.10, 105.13, 115.05,
54 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13,
55 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
56 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
A. 2884 3
1 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
2 230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00,
3 260.09, 260.10, subdivision two of section 260.20 and sections 260.25,
4 265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal law
5 or an attempt to commit any of the aforesaid offenses under section
6 110.00 of the penal law, or any similar offenses committed under a
7 former section of the penal law, or any offenses committed under a
8 former section of the penal law which would constitute violations of the
9 aforesaid sections of the penal law, or any offenses committed outside
10 this state which would constitute violations of the aforesaid sections
11 of the penal law.
12 S 7. This act shall take effect on the ninetieth day after it shall
13 have become a law.
