Bill Text: NY A11111 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to abandoned infants and endangering the welfare of a child.
Spectrum: Strong Partisan Bill (Democrat 53-3)
Status: (Passed) 2010-08-30 - signed chap.447 [A11111 Detail]
Download: New_York-2009-A11111-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
11111
I N A S S E M B L Y
May 17, 2010
___________
Introduced by M. of A. PAULIN, WRIGHT, SCARBOROUGH, CHRISTENSEN, ESPAIL-
LAT, PHEFFER, CARROZZA, GUNTHER, ROSENTHAL, FIELDS, HOOPER, GALEF,
CLARK, JAFFEE, SCHIMMINGER, ZEBROWSKI, ABBATE, WEISENBERG, BRODSKY,
SPANO, KELLNER, MAISEL, KAVANAGH, ROBINSON, LATIMER, CALHOUN --
Multi-Sponsored by -- M. of A. ALESSI, ALFANO, BENEDETTO, BING,
BOYLAND, CAHILL, DelMONTE, DESTITO, DINOWITZ, ENGLEBRIGHT, FARRELL,
GORDON, GOTTFRIED, HEVESI, HOYT, HYER-SPENCER, V. LOPEZ, LUPARDO,
MAGEE, MARKEY, MAYERSOHN, McENENY, MENG, MILLMAN, ORTIZ, SCHIMEL,
STIRPE, SWEENEY -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to abandoned infants; and to
repeal section 260.03 of the penal law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 260.00 of the penal law is amended to read as
2 follows:
3 S 260.00 Abandonment of a child.
4 1. A person is guilty of abandonment of a child when, being a parent,
5 guardian or other person legally charged with the care or custody of a
6 child less than fourteen years old, he OR SHE deserts such child in any
7 place with intent to wholly abandon [it] SUCH CHILD.
8 2. A PERSON IS NOT GUILTY OF THE PROVISIONS OF THIS SECTION WHEN HE OR
9 SHE ENGAGES IN THE CONDUCT DESCRIBED IN SUBDIVISION ONE OF THIS SECTION:
10 (A) WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND
11 CARED FOR IN AN APPROPRIATE MANNER; (B) THE CHILD IS LEFT WITH AN APPRO-
12 PRIATE PERSON, OR IN A SUITABLE LOCATION AND THE PERSON WHO LEAVES THE
13 CHILD PROMPTLY NOTIFIES AN APPROPRIATE PERSON OF THE CHILD'S LOCATION;
14 AND (C) THE CHILD IS NOT MORE THAN THIRTY DAYS OLD.
15 Abandonment of a child is a class E felony.
16 S 2. Section 260.10 of the penal law, subdivision 1 as amended by
17 chapter 476 of the laws of 1990 and subdivision 2 as amended by chapter
18 920 of the laws of 1982, is amended to read as follows:
19 S 260.10 Endangering the welfare of a child.
20 A person is guilty of endangering the welfare of a child when:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17351-01-0
A. 11111 2
1 1. He OR SHE knowingly acts in a manner likely to be injurious to the
2 physical, mental or moral welfare of a child less than seventeen years
3 old or directs or authorizes such child to engage in an occupation
4 involving a substantial risk of danger to his OR HER life or health; or
5 2. Being a parent, guardian or other person legally charged with the
6 care or custody of a child less than eighteen years old, he OR SHE fails
7 or refuses to exercise reasonable diligence in the control of such child
8 to prevent him OR HER from becoming an "abused child," a "neglected
9 child," a "juvenile delinquent" or a "person in need of supervision," as
10 those terms are defined in articles ten, three and seven of the family
11 court act.
12 3. A PERSON IS NOT GUILTY OF THE PROVISIONS OF THIS SECTION WHEN HE OR
13 SHE ENGAGES IN THE CONDUCT DESCRIBED IN SUBDIVISION ONE OF SECTION
14 260.00 OF THIS ARTICLE: (A) WITH THE INTENT TO WHOLLY ABANDON THE CHILD
15 BY RELINQUISHING RESPONSIBILITY FOR AND RIGHT TO THE CARE AND CUSTODY OF
16 SUCH CHILD; (B) WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYSICAL
17 INJURY AND CARED FOR IN AN APPROPRIATE MANNER; (C) THE CHILD IS LEFT
18 WITH AN APPROPRIATE PERSON, OR IN A SUITABLE LOCATION AND THE PERSON WHO
19 LEAVES THE CHILD PROMPTLY NOTIFIES AN APPROPRIATE PERSON OF THE CHILD'S
20 LOCATION; AND (D) THE CHILD IS NOT MORE THAN THIRTY DAYS OLD.
21 Endangering the welfare of a child is a class A misdemeanor.
22 S 3. Section 260.15 of the penal law, as amended by chapter 156 of the
23 laws of 2000, is amended to read as follows:
24 S 260.15 Endangering the welfare of a child; defense.
25 In any prosecution for endangering the welfare of a child, pursuant to
26 section 260.10[:
27 1.] OF THIS ARTICLE, based upon an alleged failure or refusal to
28 provide proper medical care or treatment to an ill child, it is an
29 affirmative defense that the defendant (a) is a parent, guardian or
30 other person legally charged with the care or custody of such child; and
31 (b) is a member or adherent of an organized church or religious group
32 the tenets of which prescribe prayer as the principal treatment for
33 illness; and (c) treated or caused such ill child to be treated in
34 accordance with such tenets[; or
35 2. based upon an alleged desertion of a child not more than five days
36 old, it is an affirmative defense that, with the intent that the child
37 be safe from physical injury and cared for in an appropriate manner, the
38 defendant left the child with an appropriate person or in a suitable
39 location and promptly notified an appropriate person of the child's
40 location].
41 S 4. Section 260.03 of the penal law is REPEALED.
42 S 5. This act shall take effect immediately.
