Bill Text: NY A03218 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 3218 (Prior Session Legislation)

Introduced

Bill Title: Establishes crime of endangering the welfare of a child by exposing them to controlled substances.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to codes [A03218 Detail]

Download: New_York-2017-A03218-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          3218
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 27, 2017
                                       ___________
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Codes
        AN ACT to amend the penal law, in relation to endangering the welfare of
          a child by exposing them to controlled substances
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. The penal law is amended by adding a new section 260.35 to
     2  read as follows:
     3  § 260.35 Endangering the welfare of a child by  exposure  to  controlled
     4             substances.
     5    A  parent,  legal guardian or caregiver who endangers a child's person
     6  or health by knowingly causing or permitting a child less than seventeen
     7  years old to be present where  any  person  is  selling,  manufacturing,
     8  possessing  the  immediate  precursors  or  chemical substances with the
     9  intent to manufacture or possess a controlled substance, as  defined  in
    10  this  chapter,  is  guilty of child endangerment and may be sentenced to
    11  imprisonment for not more than one year or payment of a fine of not more
    12  than three thousand dollars, or both such fine and imprisonment.  If the
    13  endangerment results in substantial harm to a child's  physical,  mental
    14  or  emotional  health,  the  person  is  guilty  of  a felony and may be
    15  sentenced to imprisonment for not more than five years or payment  of  a
    16  fine of not more than ten thousand dollars, or both such fine and impri-
    17  sonment.
    18    §  2.  This  act shall take effect on the ninetieth day after it shall
    19  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05437-01-7