•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A06658 Summary:

BILL NOA06658
 
SAME ASSAME AS S04051
 
SPONSORLunsford
 
COSPNSRColton, Shimsky, Glick, Stirpe, Ardila, McMahon, Bronson, Lavine, Dickens, Simon, Sillitti, Zaccaro, Levenberg
 
MLTSPNSR
 
Add 260.09, amd 260.10, 120.40 & 260.15, Pen L; amd 509-cc, V & T L
 
Establishes the crime of endangering the welfare of a child in the first degree; makes technical corrections.
Go to top    

A06658 Actions:

BILL NOA06658
 
04/25/2023referred to codes
01/03/2024referred to codes
Go to top

A06658 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6658
 
SPONSOR: Lunsford
  TITLE OF BILL: An act to amend the penal law, in relation to establishing the crime of endangering the welfare of a child in the first degree; and to amend the penal law and the vehicle and traffic law, in relation to making techni- cal corrections thereto   PURPOSE OR GENERAL IDEA OF BILL: To create the crime of endangering the welfare of a child to address forms of child abuse not adequately addressed under existing law, including risk of serious injury, protracted impairment, conduct that results in physical injury to young children, and repeat abuse.   SUMMARY OF PROVISIONS: Section 1 adds section 260.09 to the Penal Code to establish the crime of endangering the welfare of a child in the first degree. Section 2 amends section 260.10 of the Penal Code, as amended by chapter 447 of the laws of 2010, to establish the crime of endangering the welfare of a child in the second degree. Section 3 amends subdivision 5, paragraph c of section 120.40 of the Penal Code, as amended by section 7 of part NN of chapter 55 of the laws of 2018, to include endangering the welfare of a child in both the first and second degree to the definition of "specified predicate crime." Section 4 amends section 260.15 of the Penal Code, as amended by chapter 447 of the laws of 2010, to include a reference to the new section 260.09 in the defense for endangering the welfare of a child. Section 5 amends paragraph (c) of subdivision 4 of section 509-cc of the Vehicle and Traffic law, as amended by chapter 92 of the laws of 2021, add the crime of endangering the welfare of a child in the first degree as grounds for the disqualification of school bus drivers. Section 6 is the effective date.   JUSTIFICATION: Unlike 37 other states, New York does not have a felony-level crime for endangering the welfare of a child. The existing misdemeanor charge for endangering the welfare of a child is often inadequate to capture the severity of particularly egregious cases. This legislation establishes the crime of endangering the welfare of a child in the first degree to address those situations as well as reclassifies the existing misdemea- nor as the second degree version of that crime. There are numerous examples of child abuse cases across New York State that could not be adequately addressed by the existing misdemeanor charge. For example, in Schenectady County, a parent of a 21-month old child repeatedly bound and gagged their child and locked them in the back of a dark closet for an extended period. Although the child did not sustain any physical injury, they are likely emotionally scarred from the abuse. Under the current statute, the parent can only be charged with misdemeanor child endangerment. If the parent had abused a mentally or physically disabled person in the same way, they could be charged with a felony. The child in question should have the same protection from abuse as a mentally or physically disabled adult. This new charge would also help prosecutors address abuse that happens overtime or repeatedly. Unfortunately, children often show signs of abuse that cannot be dated or tied to an individual. Prosecutors often cannot make a felony charge in cases where a baby has multiple bone fractures or skull fractures. Although the child has obviously experi- enced extreme pain and suffering, if they cannot tie the injuries to a specific adult, there is no existing felony level charge to address the failure of the child's parents or guardian to address the obvious suffering of the child in question. Additionally, the statute for endan- gering the welfare of a child does not have a "bump-up" provision. Creating a felony level endangering the welfare of a child charge would help prosecutors address cases where an offender has repeatedly harmed children.   PRIOR LEGISLATIVE HISTORY: 2020: A.9102 (Hevesi) - referred to Codes   FISCAL IMPLICATIONS: None to the State   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall become a law.
Go to top

A06658 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6658
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 25, 2023
                                       ___________
 
        Introduced by M. of A. LUNSFORD -- read once and referred to the Commit-
          tee on Codes
 
        AN  ACT to amend the penal law, in relation to establishing the crime of
          endangering the welfare of a child in the first degree; and  to  amend
          the  penal  law and the vehicle and traffic law, in relation to making
          technical corrections thereto

          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 260.09 to
     2  read as follows:
     3  § 260.09 Endangering the welfare of a child in the first degree.
     4    A person is guilty of endangering the welfare of a child in the  first
     5  degree when:
     6    1.  he or she knowingly or recklessly acts in a manner which creates a
     7  risk of either serious physical injury or protracted impairment  of  the
     8  physical,  mental  or moral welfare of a child less than seventeen years
     9  old; or
    10    2. he or she commits the crime of endangering the welfare of  a  child
    11  in the second degree, and:
    12    a.  being eighteen years old or more he or she knowingly or recklessly
    13  acts in a manner likely to be injurious to the physical, mental or moral
    14  welfare of a child less than seven years old and causes physical  injury
    15  to that child, or
    16    b. he or she has previously been convicted of a crime or an attempt to
    17  commit  a  crime  pursuant  to the provisions of articles 120, 121, 125,
    18  130, 135, 150, 160, 230, 235, 260 and 263 of the penal  law  or  section
    19  155.40,  155.42, 215.00, 215.10, 215.15, 215.16, 215.17, 215.50, 215.51,
    20  215.52, 220.28, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44,  220.48,
    21  240.75,  245.00, 245.03, 245.11, 250.45, 250.50, 250.55, 250.60, 255.25,
    22  255.26, 255.27, 265.01-a, subdivision two of section 265.01, subdivision
    23  one of section 265.02, subdivision one of  section  265.03,  subdivision
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08349-01-3

        A. 6658                             2
 
     1  one  of  section 265.04, subdivision five of section 265.10, subdivision
     2  one of section 265.11, 265.12, 265.13, 265.14, 265.16, 265.17, or 265.26
     3  of the penal law and the victim of the crime  was  less  than  seventeen
     4  years  old  or  if  there  was  more than one victim at least one of the
     5  victims was less than seventeen years old.
     6    Endangering the welfare of a child in the first degree is  a  class  E
     7  felony.
     8    § 2. Section 260.10 of the penal law, as amended by chapter 447 of the
     9  laws of 2010, is amended to read as follows:
    10  § 260.10 Endangering the welfare of a child in the second degree.
    11    A person is guilty of endangering the welfare of a child in the second
    12  degree when:
    13    1.  He or she knowingly acts in a manner likely to be injurious to the
    14  physical, mental or moral welfare of a child less than  seventeen  years
    15  old  or  directs  or  authorizes  such  child to engage in an occupation
    16  involving a substantial risk of danger to his or her life or health; or
    17    2. Being a parent, guardian or other person legally charged  with  the
    18  care or custody of a child less than eighteen years old, he or she fails
    19  or refuses to exercise reasonable diligence in the control of such child
    20  to  prevent  him  or  her  from becoming an "abused child," a "neglected
    21  child," a "juvenile delinquent" or a "person in need of supervision," as
    22  those terms are defined in articles ten, three and seven of  the  family
    23  court act.
    24    3. A person is not guilty of the provisions of this section when he or
    25  she  engages  in  the  conduct  described  in subdivision one of section
    26  260.00 of this article: (a) with the intent to wholly abandon the  child
    27  by relinquishing responsibility for and right to the care and custody of
    28  such  child;  (b)  with  the intent that the child be safe from physical
    29  injury and cared for in an appropriate manner; (c)  the  child  is  left
    30  with an appropriate person, or in a suitable location and the person who
    31  leaves  the child promptly notifies an appropriate person of the child's
    32  location; and (d) the child is not more than thirty days old.
    33    Endangering the welfare of a child in the second degree is a  class  A
    34  misdemeanor.
    35    §  3. Paragraph c of subdivision 5 of section 120.40 of the penal law,
    36  as amended by section 7 of part NN of chapter 55 of the laws of 2018, is
    37  amended to read as follows:
    38    c. assault in the third degree, as defined in section 120.00; menacing
    39  in the first degree, as defined  in  section  120.13;  menacing  in  the
    40  second  degree,  as  defined  in  section  120.14; coercion in the first
    41  degree, as defined in section 135.65; coercion in the second degree,  as
    42  defined  in  section 135.61; coercion in the third degree, as defined in
    43  section 135.60; aggravated harassment in the second degree,  as  defined
    44  in section 240.30; harassment in the first degree, as defined in section
    45  240.25;  menacing  in  the  third  degree, as defined in section 120.15;
    46  criminal mischief in the third degree, as  defined  in  section  145.05;
    47  criminal  mischief  in  the second degree, as defined in section 145.10,
    48  criminal mischief in the first degree, as  defined  in  section  145.12;
    49  criminal  tampering  in  the first degree, as defined in section 145.20;
    50  arson in the fourth degree, as defined in section 150.05; arson  in  the
    51  third  degree,  as  defined  in section 150.10; criminal contempt in the
    52  first degree, as defined in section 215.51; endangering the welfare of a
    53  child in the first degree, as defined in section 260.09; endangering the
    54  welfare of a child in the second degree, as defined in  section  260.10;
    55  or

        A. 6658                             3
 
     1    § 4. Section 260.15 of the penal law, as amended by chapter 447 of the
     2  laws of 2010, is amended to read as follows:
     3  § 260.15 Endangering the welfare of a child; defense.
     4    In any prosecution for endangering the welfare of a child, pursuant to
     5  section  260.09 or section 260.10 of this article, based upon an alleged
     6  failure or refusal to provide proper medical care or treatment to an ill
     7  child, it is an affirmative defense that the defendant (a) is a  parent,
     8  guardian  or  other  person  legally charged with the care or custody of
     9  such child; and (b) is a member or adherent of an  organized  church  or
    10  religious  group  the  tenets of which prescribe prayer as the principal
    11  treatment for illness; and (c) treated or caused such ill  child  to  be
    12  treated in accordance with such tenets.
    13    §  5.  Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
    14  and traffic law, as amended by chapter  92  of  the  laws  of  2021,  is
    15  amended to read as follows:
    16    (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
    17  subdivision one and subparagraph (i) of paragraph (c) of subdivision two
    18  of this section that result in disqualification for  a  period  of  five
    19  years  shall include a conviction under sections 100.10, 105.13, 115.05,
    20  120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
    21  [125.40,  125.45,]  130.20,  130.25,  130.52,  130.55,  135.10,  135.55,
    22  140.17, 140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10,  220.06,
    23  220.09,  220.16,  220.31,  220.34,  220.60,  220.65,  subdivision two of
    24  section 222.50, subdivision  two  of  section  222.55,  230.00,  230.05,
    25  230.06,  230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06, 235.07,
    26  235.21, 240.06, 245.00,  260.09,  260.10,  subdivision  two  of  section
    27  260.20  and  sections  260.25,  265.02,  265.03, 265.08, 265.09, 265.10,
    28  265.12, 265.35 of the penal law or an attempt to commit any of the afor-
    29  esaid offenses under section 110.00 of the penal  law,  or  any  similar
    30  offenses  committed  under  a  former  section  of the penal law, or any
    31  offenses committed under a former section of the penal law  which  would
    32  constitute violations of the aforesaid sections of the penal law, or any
    33  offenses  committed outside this state which would constitute violations
    34  of the aforesaid sections of the penal law.
    35    § 6. This act shall take effect on the one hundred eightieth day after
    36  it shall have become a law.
Go to top