Bill Text: NY A06933 | 2019-2020 | General Assembly | Introduced

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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) 2020-01-08 - referred to codes [A06933 Detail]

Download: New_York-2019-A06933-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6933
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                     March 27, 2019
                                       ___________
        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  § 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    § 2. Paragraph c of subdivision 5 of section 120.40 of the penal  law,
    19  as amended by section 7 of part NN of chapter 55 of the laws of 2018, is
    20  amended to read as 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.
                                                                   LBD10378-01-9
        A. 6933                             2
     1  degree,  as defined in section 135.65; coercion in the second degree, as
     2  defined in section 135.61; coercion in the third degree, as  defined  in
     3  section  135.60;  aggravated harassment in the second degree, as defined
     4  in section 240.30; harassment in the first degree, as defined in section
     5  240.25;  menacing  in  the  third  degree, as defined in section 120.15;
     6  criminal mischief in the third degree, as  defined  in  section  145.05;
     7  criminal  mischief  in  the second degree, as defined in section 145.10,
     8  criminal mischief in the first degree, as  defined  in  section  145.12;
     9  criminal  tampering  in  the first degree, as defined in section 145.20;
    10  arson in the fourth degree, as defined in section 150.05; arson  in  the
    11  third  degree,  as  defined  in section 150.10; criminal contempt in the
    12  first degree, as defined in section 215.51; endangering the welfare of a
    13  child in the second degree, as defined in  section  260.10;  endangering
    14  the  welfare  of  a  child  in  the  first degree, as defined in section
    15  260.09; or
    16    § 3. The penal law is amended by adding a new section 260.09  to  read
    17  as follows:
    18  § 260.09 Endangering the welfare of a child in the first degree.
    19    A  person is guilty of endangering the welfare of a child in the first
    20  degree when, being eighteen years of age or older, he or  she  knowingly
    21  acts in a manner likely to be injurious to the physical, mental or moral
    22  welfare  of  a child less than thirteen years old, and he or she, within
    23  the previous five years, has been convicted of endangering  the  welfare
    24  of  a child in the second degree, in violation of section 260.10 of this
    25  article or this section.
    26    Endangering the welfare of a child in the first degree is  a  class  E
    27  felony.
    28    §  4. The section heading, the opening paragraph and the closing para-
    29  graph of section 260.10 of the penal law, as amended by chapter  447  of
    30  the laws of 2010, are amended to read as follows:
    31    Endangering the welfare of a child in the second degree.
    32    A person is guilty of endangering the welfare of a child in the second
    33  degree when:
    34    Endangering  the  welfare of a child in the second degree is a class A
    35  misdemeanor.
    36    § 5. Section 260.15 of the penal law, as amended by chapter 447 of the
    37  laws of 2010, is amended to read as follows:
    38  § 260.15 Endangering the welfare of a child; defense.
    39    In any prosecution for endangering the welfare of a  child[,  pursuant
    40  to  section  260.10  of  this article,] based upon an alleged failure or
    41  refusal to provide proper medical care or treatment to an ill child,  it
    42  is  an  affirmative defense that the defendant (a) is a parent, guardian
    43  or other person legally charged with the care or custody of such  child;
    44  and  (b)  is  a  member  or adherent of an organized church or religious
    45  group the tenets of which prescribe prayer as  the  principal  treatment
    46  for  illness;  and (c) treated or caused such ill child to be treated in
    47  accordance with such tenets.
    48    § 6. Paragraph (c) of subdivision 4 of section 509-cc of  the  vehicle
    49  and  traffic  law,  as  amended  by  chapter 368 of the laws of 2015, is
    50  amended to read as follows:
    51    (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
    52  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    53  of  this  section  that  result in disqualification for a period of five
    54  years shall include a conviction under sections 100.10, 105.13,  115.05,
    55  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    56  [125.40,  125.45,]  130.20,  130.25,  130.52,  130.55,  135.10,  135.55,
        A. 6933                             3
     1  140.17,  140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,
     2  220.09, 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50,  221.55,
     3  230.00,  230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,
     4  235.06,  235.07, 235.21, 240.06, 245.00, 260.09, 260.10, subdivision two
     5  of section 260.20 and sections 260.25, 265.02, 265.03,  265.08,  265.09,
     6  265.10,  265.12,  265.35 of the penal law or an attempt to commit any of
     7  the aforesaid offenses under section 110.00 of the  penal  law,  or  any
     8  similar  offenses  committed under a former section of the penal law, or
     9  any offenses committed under a former section of  the  penal  law  which
    10  would  constitute violations of the aforesaid sections of the penal law,
    11  or any offenses committed outside  this  state  which  would  constitute
    12  violations of the aforesaid sections of the penal law.
    13    §  7.  This  act shall take effect on the ninetieth day after it shall
    14  have become a law.