Bill Text: NY S07641 | 2009-2010 | General Assembly | Introduced
Bill Title: Establishes crime of endangering the welfare of a child by exposing them to controlled substances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-28 - REFERRED TO CODES [S07641 Detail]
Download: New_York-2009-S07641-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7641 I N S E N A T E April 28, 2010 ___________ Introduced by Sen. ESPADA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to endangering the welfare of a child by exposing them to controlled substances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The penal law is amended by adding a new section 260.35 to 2 read as follows: 3 S 260.35 ENDANGERING THE WELFARE OF A CHILD BY EXPOSURE TO CONTROLLED 4 SUBSTANCES. 5 A PARENT, LEGAL GUARDIAN OR CAREGIVER WHO ENDANGERS A CHILD'S PERSON 6 OR HEALTH BY KNOWINGLY CAUSING OR PERMITTING A CHILD LESS THAN SEVENTEEN 7 YEARS OLD TO BE PRESENT WHERE ANY PERSON IS SELLING, MANUFACTURING, 8 POSSESSING THE IMMEDIATE PRECURSORS OR CHEMICAL SUBSTANCES WITH THE 9 INTENT TO MANUFACTURE OR POSSESS A CONTROLLED SUBSTANCE, AS DEFINED IN 10 THIS CHAPTER, IS GUILTY OF CHILD ENDANGERMENT AND MAY BE SENTENCED TO 11 IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR PAYMENT OF A FINE OF NOT MORE 12 THAN THREE THOUSAND DOLLARS, OR BOTH. IF THE ENDANGERMENT RESULTS IN 13 SUBSTANTIAL HARM TO A CHILD'S PHYSICAL, MENTAL OR EMOTIONAL HEALTH, THE 14 PERSON MAY BE SENTENCED TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR 15 PAYMENT OF A FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR BOTH. 16 ENDANGERING THE WELFARE OF A CHILD BY EXPOSURE TO CONTROLLED 17 SUBSTANCES IS A CLASS A MISDEMEANOR. 18 S 2. This act shall take effect on the ninetieth day after it shall 19 have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD16898-01-0