Bill Text: NY A04139 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to the definition of "abused child".

Spectrum: Slight Partisan Bill (Republican 9-5)

Status: (Introduced - Dead) 2016-01-06 - referred to children and families [A04139 Detail]

Download: New_York-2015-A04139-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        4139--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2015
                                      ___________
       Introduced  by  M.  of A. KEARNS, KATZ -- Multi-Sponsored by -- M. of A.
         GIGLIO, MARKEY, McDONOUGH -- read once and referred to  the  Committee
         on  Children  and  Families  --  committee  discharged,  bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the social services law and the  family  court  act,  in
         relation to the definition of "abused child"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 4-b of section 371 of the social services  law,
    2  as  added  by  chapter 782 of the laws of 1971, the opening paragraph as
    3  amended by chapter 518 of the laws  of  1977,  is  amended  to  read  as
    4  follows:
    5    4-b.  "Abused  child"  means  a  child less than eighteen years of age
    6  whose parent or other person legally responsible for his care
    7    (i) inflicts or allows to be inflicted upon such child physical injury
    8  by other than accidental means which causes  or  creates  a  substantial
    9  risk  of  death,  or  serious or protracted disfigurement, or protracted
   10  impairment of physical or emotional health or protracted loss or impair-
   11  ment of the function of any bodily organ, OR THE IMPAIRMENT OF  PHYSICAL
   12  CONDITION OR SUBSTANTIAL PAIN, or
   13    (ii)  creates  or  allows to be created a substantial risk of physical
   14  injury to such child by other than accidental means which would be like-
   15  ly to cause death or serious or protracted disfigurement, or  protracted
   16  impairment of physical or emotional health or protracted loss or impair-
   17  ment  of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
   18  CONDITION OR SUBSTANTIAL PAIN, or
   19    (iii) commits, or allows to be  committed,  an  act  of  sexual  abuse
   20  against such child as defined in the penal law[.], OR
   21    (IV)  ALLOWS,  PERMITS  OR  ENCOURAGES SUCH CHILD TO ENGAGE IN ANY ACT
   22  DESCRIBED IN SECTIONS 230.25, 230.30 AND 230.32 OF THE PENAL LAW, OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02122-03-5
       A. 4139--A                          2
    1    (V) COMMITS ANY OF THE ACTS DESCRIBED IN SECTIONS 255.25,  255.26  AND
    2  255.27 OF THE PENAL LAW, OR
    3    (VI) ALLOWS SUCH CHILD TO ENGAGE IN ACTS OR CONDUCT DESCRIBED IN ARTI-
    4  CLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW PROVIDED, HOWEVER, THAT (A)
    5  THE  CORROBORATION  REQUIREMENTS  CONTAINED IN THE PENAL LAW AND (B) THE
    6  AGE REQUIREMENT FOR THE APPLICATION OF ARTICLE TWO  HUNDRED  SIXTY-THREE
    7  OF SUCH LAW SHALL NOT APPLY TO PROCEEDINGS UNDER THIS ARTICLE.
    8    S 2. Subdivision e of section 1012 of the family court act, as amended
    9  by chapter 7 of the laws of 1999 and paragraph (iii) as amended by chap-
   10  ter 320 of the laws of 2006, is amended to read as follows:
   11    (e) "Abused child" means a child less than eighteen years of age whose
   12  parent or other person legally responsible for his care
   13    (i) inflicts or allows to be inflicted upon such child physical injury
   14  by  other  than  accidental  means which causes or creates a substantial
   15  risk of death, or serious or  protracted  disfigurement,  or  protracted
   16  impairment of physical or emotional health or protracted loss or impair-
   17  ment  of the function of any bodily organ, OR THE IMPAIRMENT OF PHYSICAL
   18  CONDITION OR SUBSTANTIAL PAIN, or
   19    (ii) creates or allows to be created a substantial  risk  of  physical
   20  injury to such child by other than accidental means which would be like-
   21  ly  to cause death or serious or protracted disfigurement, or protracted
   22  impairment of physical or emotional health or protracted loss or impair-
   23  ment of the function of any bodily organ, OR THE IMPAIRMENT OF  PHYSICAL
   24  CONDITION OR SUBSTANTIAL PAIN, or
   25    (iii) commits, or allows to be committed an offense against such child
   26  defined in article one hundred thirty of the penal law[;], OR
   27    (IV)  allows,  permits  or  encourages such child to engage in any act
   28  described in sections 230.25, 230.30 and 230.32 of the penal law[;], OR
   29    (V) commits any of the acts described in sections 255.25,  255.26  and
   30  255.27 of the penal law[;], or
   31    (VI) allows such child to engage in acts or conduct described in arti-
   32  cle two hundred sixty-three of the penal law provided, however, that (a)
   33  the  corroboration  requirements  contained in the penal law and (b) the
   34  age requirement for the application of article two  hundred  sixty-three
   35  of such law shall not apply to proceedings under this article.
   36    S 3. This act shall take effect immediately.