STATE OF NEW YORK
________________________________________________________________________
3278
2021-2022 Regular Sessions
IN ASSEMBLY
January 22, 2021
___________
Introduced by M. of A. HEVESI -- read once and referred to the Committee
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,
21 221.50, 240.75, 245.00, 245.03, 245.11, 250.45, 250.50, 250.55, 250.60,
22 255.25, 255.26, 255.27, 265.01-a, subdivision two of section 265.01,
23 subdivision one of section 265.02, subdivision one of section 265.03,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01620-01-1
A. 3278 2
1 subdivision one of section 265.04, subdivision five of section 265.10,
2 subdivision one of section 265.11, 265.12, 265.13, 265.14, 265.16,
3 265.17, or 265.26 of the penal law and the victim of the crime was less
4 than seventeen years old or if there was more than one victim at least
5 one of the 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
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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 368 of the laws of 2015, 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, 221.30, 221.50, 221.55,
24 230.00, 230.05, 230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05,
25 235.06, 235.07, 235.21, 240.06, 245.00, 260.09, 260.10, subdivision two
26 of section 260.20 and sections 260.25, 265.02, 265.03, 265.08, 265.09,
27 265.10, 265.12, 265.35 of the penal law or an attempt to commit any of
28 the aforesaid offenses under section 110.00 of the penal law, or any
29 similar offenses committed under a former section of the penal law, or
30 any offenses committed under a former section of the penal law which
31 would constitute violations of the aforesaid sections of the penal law,
32 or any offenses committed outside this state which would constitute
33 violations of the aforesaid sections of the penal law.
34 § 6. This act shall take effect on the one hundred eightieth day after
35 it shall have become a law.