Bill Text: NY S03362 | 2015-2016 | General Assembly | Amended

New York Senate Bill 3362 (Prior Session Legislation)

Bill Title: Creates a new class D violent felony offense of endangering the welfare of a child in the first degree; converts the current offense of endangering the welfare of a child to a second degree crime.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2016-03-15 - referred to codes [S03362 Detail]

Download: New_York-2015-S03362-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                         3362--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    February 5, 2015
                                       ___________
        Introduced  by  Sens. LANZA, GALLIVAN -- read twice and ordered printed,
          and when printed to be committed to the Committee on Codes  --  recom-
          mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
          sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee
        AN  ACT  to amend the penal law, in relation to the crime of endangering
          the welfare of a child and to create a new crime  of  endangering  the
          welfare of a child in the first degree
          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, as amended by chapter 447
     2  of the 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.
    17    3. A person is not guilty of the provisions of this section when he or
    18  she engages in the conduct  described  in  subdivision  one  of  section
    19  260.00  of this article: (a) with the intent to wholly abandon the child
    20  by relinquishing responsibility for and right to the care and custody of
    21  such child; (b) with the intent that the child  be  safe  from  physical
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01062-02-6