Bill Text: NY A03278 | 2021-2022 | General Assembly | Introduced

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Bill Title: Establishes the crime of endangering the welfare of a child in the first degree; makes technical corrections.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2022-11-18 - enacting clause stricken [A03278 Detail]

Download: New_York-2021-A03278-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3278

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 22, 2021
                                       ___________

        Introduced by M. of A. HEVESI -- read once and referred to the Committee
          on Codes

        AN  ACT to amend the penal law, in relation to establishing the crime of
          endangering the welfare of a child in the first degree; and  to  amend
          the  penal  law and the vehicle and traffic law, in relation to making
          technical corrections thereto

          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 260.09 to
     2  read as follows:
     3  § 260.09 Endangering the welfare of a child in the first degree.
     4    A person is guilty of endangering the welfare of a child in the  first
     5  degree when:
     6    1.  he or she knowingly or recklessly acts in a manner which creates a
     7  risk of either serious physical injury or protracted impairment  of  the
     8  physical,  mental  or moral welfare of a child less than seventeen years
     9  old; or
    10    2. he or she commits the crime of endangering the welfare of  a  child
    11  in the second degree, and:
    12    a.  being eighteen years old or more he or she knowingly or recklessly
    13  acts in a manner likely to be injurious to the physical, mental or moral
    14  welfare of a child less than seven years old and causes physical  injury
    15  to that child, or
    16    b. he or she has previously been convicted of a crime or an attempt to
    17  commit  a  crime  pursuant  to the provisions of articles 120, 121, 125,
    18  130, 135, 150, 160, 230, 235, 260 and 263 of the penal  law  or  section
    19  155.40,  155.42, 215.00, 215.10, 215.15, 215.16, 215.17, 215.50, 215.51,
    20  215.52, 220.28, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44,  220.48,
    21  221.50,  240.75, 245.00, 245.03, 245.11, 250.45, 250.50, 250.55, 250.60,
    22  255.25, 255.26, 255.27, 265.01-a, subdivision  two  of  section  265.01,
    23  subdivision  one  of  section 265.02, subdivision one of section 265.03,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01620-01-1
        A. 3278                             2

     1  subdivision one of section 265.04, subdivision five of  section  265.10,
     2  subdivision  one  of  section  265.11,  265.12,  265.13, 265.14, 265.16,
     3  265.17, or 265.26 of the penal law and the victim of the crime was  less
     4  than  seventeen  years old or if there was more than one victim at least
     5  one of the victims was less than seventeen years old.
     6    Endangering the welfare of a child in the first degree is  a  class  E
     7  felony.
     8    § 2. Section 260.10 of the penal law, as amended by chapter 447 of the
     9  laws of 2010, is amended to read as follows:
    10  § 260.10 Endangering the welfare of a child in the second degree.
    11    A person is guilty of endangering the welfare of a child in the second
    12  degree when:
    13    1.  He or she knowingly acts in a manner likely to be injurious to the
    14  physical, mental or moral welfare of a child less than  seventeen  years
    15  old  or  directs  or  authorizes  such  child to engage in an occupation
    16  involving a substantial risk of danger to his or her life or health; or
    17    2. Being a parent, guardian or other person legally charged  with  the
    18  care or custody of a child less than eighteen years old, he or she fails
    19  or refuses to exercise reasonable diligence in the control of such child
    20  to  prevent  him  or  her  from becoming an "abused child," a "neglected
    21  child," a "juvenile delinquent" or a "person in need of supervision," as
    22  those terms are defined in articles ten, three and seven of  the  family
    23  court act.
    24    3. A person is not guilty of the provisions of this section when he or
    25  she  engages  in  the  conduct  described  in subdivision one of section
    26  260.00 of this article: (a) with the intent to wholly abandon the  child
    27  by relinquishing responsibility for and right to the care and custody of
    28  such  child;  (b)  with  the intent that the child be safe from physical
    29  injury and cared for in an appropriate manner; (c)  the  child  is  left
    30  with an appropriate person, or in a suitable location and the person who
    31  leaves  the child promptly notifies an appropriate person of the child's
    32  location; and (d) the child is not more than thirty days old.
    33    Endangering the welfare of a child in the second degree is a  class  A
    34  misdemeanor.
    35    §  3. Paragraph c of subdivision 5 of section 120.40 of the penal law,
    36  as amended by section 7 of part NN of chapter 55 of the laws of 2018, is
    37  amended to read as follows:
    38    c. assault in the third degree, as defined in section 120.00; menacing
    39  in the first degree, as defined  in  section  120.13;  menacing  in  the
    40  second  degree,  as  defined  in  section  120.14; coercion in the first
    41  degree, as defined in section 135.65; coercion in the second degree,  as
    42  defined  in  section 135.61; coercion in the third degree, as defined in
    43  section 135.60; aggravated harassment in the second degree,  as  defined
    44  in section 240.30; harassment in the first degree, as defined in section
    45  240.25;  menacing  in  the  third  degree, as defined in section 120.15;
    46  criminal mischief in the third degree, as  defined  in  section  145.05;
    47  criminal  mischief  in  the second degree, as defined in section 145.10,
    48  criminal mischief in the first degree, as  defined  in  section  145.12;
    49  criminal  tampering  in  the first degree, as defined in section 145.20;
    50  arson in the fourth degree, as defined in section 150.05; arson  in  the
    51  third  degree,  as  defined  in section 150.10; criminal contempt in the
    52  first degree, as defined in section 215.51; endangering the welfare of a
    53  child in the first degree, as defined in section 260.09; endangering the
    54  welfare of a child in the second degree, as defined in  section  260.10;
    55  or
        A. 3278                             3

     1    § 4. Section 260.15 of the penal law, as amended by chapter 447 of the
     2  laws of 2010, is amended to read as follows:
     3  § 260.15 Endangering the welfare of a child; defense.
     4    In any prosecution for endangering the welfare of a child, pursuant to
     5  section  260.09 or section 260.10 of this article, based upon an alleged
     6  failure or refusal to provide proper medical care or treatment to an ill
     7  child, it is an affirmative defense that the defendant (a) is a  parent,
     8  guardian  or  other  person  legally charged with the care or custody of
     9  such child; and (b) is a member or adherent of an  organized  church  or
    10  religious  group  the  tenets of which prescribe prayer as the principal
    11  treatment for illness; and (c) treated or caused such ill  child  to  be
    12  treated in accordance with such tenets.
    13    §  5.  Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
    14  and traffic law, as amended by chapter 368  of  the  laws  of  2015,  is
    15  amended to read as follows:
    16    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
    17  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    18  of this section that result in disqualification for  a  period  of  five
    19  years  shall include a conviction under sections 100.10, 105.13, 115.05,
    20  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    21  [125.40,  125.45,]  130.20,  130.25,  130.52,  130.55,  135.10,  135.55,
    22  140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10,  220.06,
    23  220.09,  220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,
    24  230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20,  235.05,
    25  235.06,  235.07, 235.21, 240.06, 245.00, 260.09, 260.10, subdivision two
    26  of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,  265.09,
    27  265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
    28  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
    29  similar  offenses  committed under a former section of the penal law, or
    30  any offenses committed under a former section of  the  penal  law  which
    31  would  constitute violations of the aforesaid sections of the penal law,
    32  or any offenses committed outside  this  state  which  would  constitute
    33  violations of the aforesaid sections of the penal law.
    34    § 6. This act shall take effect on the one hundred eightieth day after
    35  it shall have become a law.