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A02745 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2745--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 20, 2015
                                       ___________
 
        Introduced  by  M.  of A. TITONE, ORTIZ, MILLER, CORWIN, FINCH -- Multi-
          Sponsored by -- M. of A. ARROYO, BARCLAY, CERETTO, GIGLIO,  HOOPER  --
          read once and referred to the Committee on Codes -- recommitted to the
          Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
          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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01062-03-6

        A. 2745--A                          2
 
     1  such child; (b) with the intent that the child  be  safe  from  physical
     2  injury  and  cared  for  in an appropriate manner; (c) the child is left
     3  with an appropriate person, or in a suitable location and the person who
     4  leaves  the child promptly notifies an appropriate person of the child's
     5  location; and (d) the child is not more than thirty days old.
     6    Endangering the welfare of a child in the second degree is a  class  A
     7  misdemeanor.
     8    § 2. Section 260.11 of the penal law is renumbered section 260.12.
     9    §  3.  The penal law is amended by adding a new section 260.11 to read
    10  as follows:
    11  § 260.11 Endangering the welfare of a child in the first degree.
    12    A person is guilty of endangering the welfare of a child in the  first
    13  degree when:
    14    1. He or she knowingly acts in a manner which creates a risk of either
    15  serious  physical  injury  or  prolonged  impairment  of  the  mental or
    16  emotional condition of a child less than seventeen years old; or
    17    2. He or she commits the offense of endangering the welfare of a child
    18  in the second degree, when:
    19    (a) The child is less than eleven years old; or
    20    (b) The child suffered physical injury; or
    21    (c) He or she has previously been convicted of any  of  the  following
    22  offenses:    endangering  the welfare of a child in the second degree as
    23  defined in section 260.10; endangering the welfare of  a  child  in  the
    24  first  degree  as  defined  in  this  section; abandonment of a child as
    25  defined in section 260.00; assault in the second degree  as  defined  in
    26  subdivision  eight  or nine of section 120.05; aggravated assault upon a
    27  person less  than  eleven  years  old  as  defined  in  section  120.12;
    28  manslaughter  in  the  first  degree  as  defined in subdivision four of
    29  section 125.20; murder in the second degree as  defined  in  subdivision
    30  four  of section 125.25; rape in the third degree as defined in subdivi-
    31  sion two of section 130.25; rape in the  second  degree  as  defined  in
    32  section 130.30; rape in the first degree as defined in subdivision three
    33  of section 130.35; criminal sexual act in the third degree as defined in
    34  subdivision  two  of  section  130.40; criminal sexual act in the second
    35  degree as defined in section 130.45; criminal sexual act  in  the  first
    36  degree  as  defined in subdivision three of section 130.50; sexual abuse
    37  in the second degree as defined in subdivision two  of  section  130.60;
    38  sexual  abuse  in  the  first  degree as defined in subdivision three of
    39  section 130.65; aggravated sexual abuse in the third degree  as  defined
    40  in paragraph (c) of subdivision one of section 130.66; aggravated sexual
    41  abuse  in  the  second degree as defined in paragraph (c) of subdivision
    42  one of section 130.67; aggravated sexual abuse in the  first  degree  as
    43  defined in paragraph (c) of subdivision one of section 130.70; course of
    44  sexual conduct against a child in the first degree as defined in section
    45  130.75; course of sexual conduct against a child in the second degree as
    46  defined  in section 130.80; disseminating indecent material to minors in
    47  the second degree as defined in section 235.21;  disseminating  indecent
    48  material to minors in the first degree as defined in section 235.22; use
    49  of a child in a sexual performance as defined in section 263.05; promot-
    50  ing  an  obscene  sexual  performance  by  a child as defined in section
    51  263.10; possessing an obscene sexual performance by a child  as  defined
    52  in  section 263.11; promoting a sexual performance by a child as defined
    53  in section 263.15; possessing a sexual performance by a child as defined
    54  in section 263.16; or a similar offense against a  child  in  any  other
    55  jurisdiction.

        A. 2745--A                          3
 
     1    Endangering  the  welfare  of a child in the first degree is a class D
     2  felony.
     3    § 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
     4  as  amended  by  chapter  368 of the laws of 2015, is amended to read as
     5  follows:
     6    (c) Class D violent felony offenses: an attempt to commit any  of  the
     7  class C felonies set forth in paragraph (b); reckless assault of a child
     8  as defined in section 120.02, assault in the second degree as defined in
     9  section 120.05, menacing a police officer or peace officer as defined in
    10  section  120.18, stalking in the first degree, as defined in subdivision
    11  one of section 120.60, strangulation in the second degree as defined  in
    12  section  121.12, rape in the second degree as defined in section 130.30,
    13  criminal sexual act in the second degree as defined in  section  130.45,
    14  sexual abuse in the first degree as defined in section 130.65, course of
    15  sexual  conduct  against  a  child  in  the  second degree as defined in
    16  section 130.80, aggravated sexual abuse in the third degree  as  defined
    17  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
    18  substance as defined in section 130.90, labor trafficking as defined  in
    19  paragraphs (a) and (b) of subdivision three of section 135.35, endanger-
    20  ing  the  welfare  of  a child in the first degree as defined in section
    21  260.11, criminal possession of a weapon in the third degree  as  defined
    22  in  subdivision  five, six, seven, eight, nine or ten of section 265.02,
    23  criminal sale of a firearm in the third degree  as  defined  in  section
    24  265.11, intimidating a victim or witness in the second degree as defined
    25  in section 215.16, soliciting or providing support for an act of terror-
    26  ism  in  the  second  degree  as defined in section 490.10, and making a
    27  terroristic threat as defined in section 490.20,  falsely  reporting  an
    28  incident  in  the  first  degree as defined in section 240.60, placing a
    29  false bomb or hazardous substance in the  first  degree  as  defined  in
    30  section  240.62, placing a false bomb or hazardous substance in a sports
    31  stadium or arena, mass transportation facility or enclosed shopping mall
    32  as defined in section 240.63, and aggravated unpermitted use  of  indoor
    33  pyrotechnics in the first degree as defined in section 405.18.
    34    §  5. Section 260.12 of the penal law, as amended by chapter 89 of the
    35  laws of 1984 and as renumbered by section two of this act, is amended to
    36  read as follows:
    37  § 260.12 Endangering the welfare of a child; corroboration.
    38    A person shall not be convicted of endangering the welfare of a  child
    39  as defined in section 260.10 or 260.11 of this article, or of an attempt
    40  to  commit  the same, upon the testimony of a victim who is incapable of
    41  consent because of mental defect or mental incapacity as to conduct that
    42  constitutes an offense or an attempt to commit an offense referred to in
    43  section 130.16,  without  additional  evidence  sufficient  pursuant  to
    44  section  130.16  to  sustain  a  conviction of an offense referred to in
    45  section 130.16, or of an attempt to commit the same.
    46    § 6. Section 260.15 of the penal law, as amended by chapter 447 of the
    47  laws of 2010, is amended to read as follows:
    48  § 260.15 Endangering the welfare of a child; defense.
    49    In any prosecution for endangering the welfare of a child, pursuant to
    50  section 260.10 or 260.11 of this article, based upon an alleged  failure
    51  or  refusal to provide proper medical care or treatment to an ill child,
    52  it is an affirmative defense that the defendant (a) is a parent, guardi-
    53  an or other person legally charged with the  care  or  custody  of  such
    54  child;  and  (b) is a member or adherent of an organized church or reli-
    55  gious group the tenets of which prescribe prayer as the principal treat-

        A. 2745--A                          4
 
     1  ment for illness; and (c) treated or caused such ill child to be treated
     2  in accordance with such tenets.
     3    § 7. This act shall take effect on the first of November next succeed-
     4  ing the date on which it shall have become a law.
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