S06265 Summary:

BILL NOS06265
 
SAME ASNo same as
 
SPONSORBALL
 
COSPNSRLANZA
 
MLTSPNSR
 
Amd SS260.10, 260.12, 260.15 & 120.40, ren S260.11 to be S260.12, add S260.11, Pen L
 
Relates to endangering the welfare of a child; establishes the crime of endangering the welfare of a child in the first degree.
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S06265 Actions:

BILL NOS06265
 
01/09/2014REFERRED TO CODES
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S06265 Floor Votes:

There are no votes for this bill in this legislative session.
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S06265 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6265
 
                    IN SENATE
 
                                     January 9, 2014
                                       ___________
 
        Introduced  by  Sen.  BALL  --  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
 
          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
    22  injury  and  cared  for  in an appropriate manner; (c) the child is left
    23  with an appropriate person, or in a suitable location and the person who
    24  leaves the child promptly notifies an appropriate person of the  child's
    25  location; and (d) the child is not more than thirty days old.
    26    Endangering  the  welfare of a child in the second degree is a class A

    27  misdemeanor.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01318-01-3

        S. 6265                             2
 
     1    § 2. Section 260.11 of the penal law, as amended by chapter 89 of  the
     2  laws  of  1984,  is  renumbered  section  260.12  and amended to read as
     3  follows:
     4  § 260.12 Endangering the welfare of a child; corroboration.
     5    A  person shall not be convicted of endangering the welfare of a child
     6  in the first or second degree, or of an attempt to commit the same, upon
     7  the testimony of a victim who is incapable of consent because of  mental
     8  defect or mental incapacity as to conduct that constitutes an offense or

     9  an  attempt  to commit an offense referred to in section 130.16, without
    10  additional evidence sufficient pursuant to section 130.16 to  sustain  a
    11  conviction of an offense referred to in section 130.16, or of an attempt
    12  to commit the same.
    13    §  3.  The penal law is amended by adding a new section 260.11 to read
    14  as follows:
    15  § 260.11 Endangering the welfare of a child in the first degree.
    16    A person is guilty of endangering the welfare of a child in the  first
    17  degree  when,  having  been  previously convicted of a violation of this
    18  section or of section 260.10 of this article,  he  or  she  commits  the
    19  crime of endangering the welfare of a child in the second degree.
    20    Endangering  the  welfare  of a child in the first degree is a class E
    21  felony.

    22    § 4. Section 260.15 of the penal law, as amended by chapter 447 of the
    23  laws of 2010, is amended to read as follows:
    24  § 260.15 Endangering the welfare of a child; defense.
    25    In any prosecution for endangering the welfare of a child, pursuant to
    26  section 260.10 or 260.11 of this article, based upon an alleged  failure
    27  or  refusal to provide proper medical care or treatment to an ill child,
    28  it is an affirmative defense that the defendant (a) is a parent, guardi-
    29  an or other person legally charged with the  care  or  custody  of  such
    30  child;  and  (b) is a member or adherent of an organized church or reli-
    31  gious group the tenets of which prescribe prayer as the principal treat-
    32  ment for illness; and (c) treated or caused such ill child to be treated
    33  in accordance with such tenets.
    34    § 5. Paragraph c of subdivision 5 of section 120.40 of the penal  law,

    35  as  added  by  chapter  635  of  the laws of 1999, is amended to read as
    36  follows:
    37    c. assault in the third degree, as defined in section 120.00; menacing
    38  in the first degree, as defined  in  section  120.13;  menacing  in  the
    39  second  degree,  as  defined  in  section  120.14; coercion in the first
    40  degree, as defined in section 135.65; coercion in the second degree,  as
    41  defined  in  section 135.60; aggravated harassment in the second degree,
    42  as defined in section 240.30; harassment in the first degree, as defined
    43  in section 240.25; menacing in the third degree, as defined  in  section
    44  120.15;  criminal  mischief  in  the third degree, as defined in section
    45  145.05; criminal mischief in the second degree, as  defined  in  section
    46  145.10,  criminal  mischief  in  the first degree, as defined in section
    47  145.12; criminal tampering in the first degree, as  defined  in  section

    48  145.20;  arson in the fourth degree, as defined in section 150.05; arson
    49  in the third degree, as defined in section 150.10; criminal contempt  in
    50  the  first degree, as defined in section 215.51; endangering the welfare
    51  of a child in the second degree, as defined in section 260.10; endanger-
    52  ing the welfare of a child in the first degree, as  defined  in  section
    53  260.11; or
    54    § 6. This act shall take effect on the first of November next succeed-
    55  ing the date on which it shall have become a law.
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