Bill Text: NY S03232 | 2009-2010 | General Assembly | Introduced

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Bill Title: Requires any defendant convicted for endangering the welfare of a child where there is a sexual element to the crime to register as a sex offender.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CODES [S03232 Detail]

Download: New_York-2009-S03232-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3232
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 13, 2009
                                      ___________
       Introduced by Sens. FLANAGAN, ALESI, O. JOHNSON, LANZA, LIBOUS, MAZIARZ,
         MORAHAN,  SALAND,  SEWARD,  VOLKER,  WINNER  -- 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 correction  law,  in  relation  to
         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 260.10 of the penal law, subdivision 1  as  amended
    2  by chapter 476 of the laws of 1990 and subdivision 2 as amended by chap-
    3  ter 920 of the laws of 1982, is amended to read as follows:
    4  S 260.10 Endangering the welfare of a child.
    5    A person is guilty of endangering the welfare of a child 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.
   17    ANY DEFENDANT CONVICTED PURSUANT TO THIS SECTION BASED ON CONDUCT OF A
   18  SEXUAL NATURE OR BEHAVIOR OF A SEXUAL NATURE SHALL BE REQUIRED TO REGIS-
   19  TER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
   20    Endangering the welfare of a child is a class A misdemeanor.
   21    S  2.  Subdivision 2 of section 168-a of the correction law is amended
   22  by adding a new paragraph (f) to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06504-01-9
       S. 3232                             2
    1    (F) A CONVICTION OF THE PROVISIONS OF SECTION 260.10 OF THE PENAL  LAW
    2  WHERE THE DEFENDANT IS REQUIRED BY THE COURT TO REGISTER PURSUANT TO THE
    3  PROVISIONS OF THIS ARTICLE.
    4    S  3.  This  act shall take effect on the ninetieth day after it shall
    5  have become a law.