STATE OF NEW YORK
________________________________________________________________________
7641
IN SENATE
April 28, 2010
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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 § 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 § 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
