STATE OF NEW YORK
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3218
2017-2018 Regular Sessions
IN ASSEMBLY
January 27, 2017
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Introduced by M. of A. ROSENTHAL -- read once and referred 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 such fine and imprisonment. If the
13 endangerment results in substantial harm to a child's physical, mental
14 or emotional health, the person is guilty of a felony and may be
15 sentenced to imprisonment for not more than five years or payment of a
16 fine of not more than ten thousand dollars, or both such fine and impri-
17 sonment.
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.
LBD05437-01-7