Bill Text: NY S02650 | 2017-2018 | General Assembly | Introduced
Bill Title: Expands endangering the welfare of a child to include using a child for the purpose of begging, rag picking, collecting cigar stumps or refuse, or peddling.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2018-06-20 - COMMITTED TO RULES [S02650 Detail]
Download: New_York-2017-S02650-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2650 2017-2018 Regular Sessions IN SENATE January 17, 2017 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law and the vehicle and traffic law, in relation to endangering the welfare of a child; and to repeal para- graph (c) of subdivision 1 of section 35.07 of the arts and cultural affairs law relating to unlawful exhibitions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (c) of subdivision 1 of section 35.07 of the arts 2 and cultural affairs law is REPEALED. 3 § 2. Paragraph c of subdivision 5 of section 120.40 of the penal law, 4 as added by chapter 635 of the laws of 1999, is amended to read as 5 follows: 6 c. assault in the third degree, as defined in section 120.00; menacing 7 in the first degree, as defined in section 120.13; menacing in the 8 second degree, as defined in section 120.14; coercion in the first 9 degree, as defined in section 135.65; coercion in the second degree, as 10 defined in section 135.60; aggravated harassment in the second degree, 11 as defined in section 240.30; harassment in the first degree, as defined 12 in section 240.25; menacing in the third degree, as defined in section 13 120.15; criminal mischief in the third degree, as defined in section 14 145.05; criminal mischief in the second degree, as defined in section 15 145.10, criminal mischief in the first degree, as defined in section 16 145.12; criminal tampering in the first degree, as defined in section 17 145.20; arson in the fourth degree, as defined in section 150.05; arson 18 in the third degree, as defined in section 150.10; criminal contempt in 19 the first degree, as defined in section 215.51; endangering the welfare 20 of a child in the second degree, as defined in section 260.10; endanger- 21 ing the welfare of a child in the first degree, as defined in section 22 260.10-a; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04841-02-7S. 2650 2 1 § 3. Section 260.10 of the penal law, as amended by chapter 447 of the 2 laws of 2010, is amended to read as follows: 3 § 260.10 Endangering the welfare of a child in the second degree. 4 A person is guilty of endangering the welfare of a child in the second 5 degree when: 6 1. He or she knowingly acts in a manner likely to be injurious to the 7 physical, mental or moral welfare of a child less than seventeen years 8 old or directs or authorizes such child to engage in an occupation 9 involving a substantial risk of danger to his or her life or health; or 10 2. Being a parent, guardian or other person legally charged with the 11 care or custody of a child less than eighteen years old, he or she fails 12 or refuses to exercise reasonable diligence in the control of such child 13 to prevent him or her from becoming an "abused child," a "neglected 14 child," a "juvenile delinquent" or a "person in need of supervision," as 15 those terms are defined in articles ten, three and seven of the family 16 court act[.]; or 17 3. He or she employs, uses or exhibits a child less than sixteen years 18 old, or being the parent, guardian, employer or other person legally 19 charged with the care or custody of such a child, he or she consents to 20 allowing or refuses to restrain, such child from engaging in begging, or 21 receiving or soliciting alms in any manner or under any pretense, or in 22 any mendicant occupation, or in gathering or picking rags, or collecting 23 cigar stumps, or collecting bones or other refuse from markets or 24 streets, or peddling. 25 4. A person is not guilty of the provisions of this section when he or 26 she engages in the conduct described in subdivision one of section 27 260.00 of this article: (a) with the intent to wholly abandon the child 28 by relinquishing responsibility for and right to the care and custody of 29 such child; (b) with the intent that the child be safe from physical 30 injury and cared for in an appropriate manner; (c) the child is left 31 with an appropriate person, or in a suitable location and the person who 32 leaves the child promptly notifies an appropriate person of the child's 33 location; and (d) the child is not more than thirty days old. 34 Endangering the welfare of a child in the second degree is a class A 35 misdemeanor. 36 § 4. The penal law is amended by adding a new section 260.10-a to read 37 as follows: 38 § 260.10-a Endangering the welfare of a child in the first degree. 39 A person is guilty of endangering the welfare of a child in the first 40 degree when he or she commits the crime of endangering the welfare of a 41 child in the second degree as defined in section 260.10 of this article, 42 and: 43 1. Has been convicted of such offense or a violation of this section 44 within the previous five years; or 45 2. Knowingly solicits, requests, commands, importunes or attempts to 46 cause another person to engage in endangering the welfare of a child in 47 the second degree. 48 Endangering the welfare of a child in the first degree is a class E 49 felony. 50 § 5. Section 260.11 of the penal law, as amended by chapter 89 of the 51 laws of 1984, is amended to read as follows: 52 § 260.11 Endangering the welfare of a child; corroboration. 53 A person shall not be convicted of endangering the welfare of a child 54 in the second degree or endangering the welfare of a child in the first 55 degree, or of an attempt to commit the same, upon the testimony of a 56 victim who is incapable of consent because of mental defect or mentalS. 2650 3 1 incapacity as to conduct that constitutes an offense or an attempt to 2 commit an offense referred to in section 130.16, without additional 3 evidence sufficient pursuant to section 130.16 to sustain a conviction 4 of an offense referred to in section 130.16, or of an attempt to commit 5 the same. 6 § 6. Section 260.15 of the penal law, as amended by chapter 447 of the 7 laws of 2010, is amended to read as follows: 8 § 260.15 Endangering the welfare of a child; defense. 9 In any prosecution for endangering the welfare of a child in the 10 second degree, pursuant to section 260.10 of this article, or endanger- 11 ing the welfare of a child in the first degree, pursuant to section 12 260.10-a of this article, based upon an alleged failure or refusal to 13 provide proper medical care or treatment to an ill child, it is an 14 affirmative defense that the defendant (a) is a parent, guardian or 15 other person legally charged with the care or custody of such child; and 16 (b) is a member or adherent of an organized church or religious group 17 the tenets of which prescribe prayer as the principal treatment for 18 illness; and (c) treated or caused such ill child to be treated in 19 accordance with such tenets. 20 § 7. Paragraph (c) of subdivision 4 of section 509-cc of the vehicle 21 and traffic law, as amended by chapter 368 of the laws of 2015, is 22 amended to read as follows: 23 (c) The offenses referred to in subparagraph (i) of paragraph (b) of 24 subdivision one and subparagraph (i) of paragraph (c) of subdivision two 25 of this section that result in disqualification for a period of five 26 years shall include a conviction under sections 100.10, 105.13, 115.05, 27 120.03, 120.04, 120.04-a, 120.05, 120.10, 120.25, 121.12, 121.13, 28 125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17, 29 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09, 30 220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00, 31 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 32 235.07, 235.21, 240.06, 245.00, 260.10, 260.10-a, subdivision two of 33 section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09, 34 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of 35 the aforesaid offenses under section 110.00 of the penal law, or any 36 similar offenses committed under a former section of the penal law, or 37 any offenses committed under a former section of the penal law which 38 would constitute violations of the aforesaid sections of the penal law, 39 or any offenses committed outside this state which would constitute 40 violations of the aforesaid sections of the penal law. 41 § 8. This act shall take effect immediately.
