Bill Text: NY A05291 | 2013-2014 | General Assembly | Introduced

New York Assembly Bill 5291 (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 3-0)

Status: (Introduced - Dead) 2014-01-08 - referred to codes [A05291 Detail]

Download: New_York-2013-A05291-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5291
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 22, 2013
                                      ___________
       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  S 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    S  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.
                                                                  LBD03174-01-3