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A11111 Summary:

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A11111 Floor Votes:

A11111 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          11111
 
                   IN ASSEMBLY
 
                                      May 17, 2010
                                       ___________
 
        Introduced by M. of A. PAULIN, WRIGHT, SCARBOROUGH, CHRISTENSEN, ESPAIL-
          LAT,  PHEFFER,  CARROZZA,  GUNTHER,  ROSENTHAL, FIELDS, HOOPER, GALEF,
          CLARK, JAFFEE, SCHIMMINGER, ZEBROWSKI,  ABBATE,  WEISENBERG,  BRODSKY,
          SPANO,  KELLNER,  MAISEL,  KAVANAGH,  ROBINSON,  LATIMER,  CALHOUN  --
          Multi-Sponsored by --  M.  of  A.  ALESSI,  ALFANO,  BENEDETTO,  BING,

          BOYLAND,  CAHILL,  DelMONTE,  DESTITO, DINOWITZ, ENGLEBRIGHT, FARRELL,
          GORDON, GOTTFRIED,  HEVESI,  HOYT,  HYER-SPENCER,  V. LOPEZ,  LUPARDO,
          MAGEE,  MARKEY,  MAYERSOHN,  McENENY,  MENG,  MILLMAN, ORTIZ, SCHIMEL,
          STIRPE, SWEENEY -- read once and referred to the Committee on Codes
 
        AN ACT to amend the penal law, in relation to abandoned infants; and  to
          repeal section 260.03 of the penal law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1.  Section 260.00 of the penal law  is  amended  to  read  as
     2  follows:
     3  § 260.00 Abandonment of a child.
     4    1.  A person is guilty of abandonment of a child when, being a parent,
     5  guardian or other person legally charged with the care or custody  of  a

     6  child  less than fourteen years old, he or she deserts such child in any
     7  place with intent to wholly abandon [it] such child.
     8    2. A person is not guilty of the provisions of this section when he or
     9  she engages in the conduct described in subdivision one of this section:
    10  (a) with the intent that the child be  safe  from  physical  injury  and
    11  cared for in an appropriate manner; (b) the child is left with an appro-
    12  priate  person,  or in a suitable location and the person who leaves the
    13  child promptly notifies an appropriate person of the  child's  location;
    14  and (c) the child is not more than thirty days old.
    15    Abandonment of a child is a class E felony.
    16    §  2.  Section  260.10  of  the penal law, subdivision 1 as amended by

    17  chapter 476 of the laws of 1990 and subdivision 2 as amended by  chapter
    18  920 of the laws of 1982, is amended to read as follows:
    19  § 260.10 Endangering the welfare of a child.
    20    A person is guilty of endangering the welfare of a child when:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD17351-01-0
        A. 11111                            2
 
     1    1.  He or she knowingly acts in a manner likely to be injurious to the
     2  physical, mental or moral welfare of a child less than  seventeen  years
     3  old  or  directs  or  authorizes  such  child to engage in an occupation
     4  involving a substantial risk of danger to his or her life or health; or

     5    2.  Being  a parent, guardian or other person legally charged with the
     6  care or custody of a child less than eighteen years old, he or she fails
     7  or refuses to exercise reasonable diligence in the control of such child
     8  to prevent him or her from becoming  an  "abused  child,"  a  "neglected
     9  child," a "juvenile delinquent" or a "person in need of supervision," as
    10  those  terms  are defined in articles ten, three and seven of the family
    11  court act.
    12    3. A person is not guilty of the provisions of this section when he or
    13  she engages in the conduct  described  in  subdivision  one  of  section
    14  260.00  of this article: (a) with the intent to wholly abandon the child
    15  by relinquishing responsibility for and right to the care and custody of

    16  such child; (b) with the intent that the child  be  safe  from  physical
    17  injury  and  cared  for  in an appropriate manner; (c) the child is left
    18  with an appropriate person, or in a suitable location and the person who
    19  leaves the child promptly notifies an appropriate person of the  child's
    20  location; and (d) the child is not more than thirty days old.
    21    Endangering the welfare of a child is a class A misdemeanor.
    22    § 3. Section 260.15 of the penal law, as amended by chapter 156 of the
    23  laws of 2000, 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[:
    27    1.]  of  this  article,  based  upon  an alleged failure or refusal to

    28  provide proper medical care or treatment to  an  ill  child,  it  is  an
    29  affirmative  defense  that  the  defendant  (a) is a parent, guardian or
    30  other person legally charged with the care or custody of such child; and
    31  (b) is a member or adherent of an organized church  or  religious  group
    32  the  tenets  of  which  prescribe  prayer as the principal treatment for
    33  illness; and (c) treated or caused such  ill  child  to  be  treated  in
    34  accordance with such tenets[; or
    35    2.  based upon an alleged desertion of a child not more than five days
    36  old, it is an affirmative defense that, with the intent that  the  child
    37  be safe from physical injury and cared for in an appropriate manner, the
    38  defendant  left  the  child  with an appropriate person or in a suitable

    39  location and promptly notified an  appropriate  person  of  the  child's
    40  location].
    41    § 4. Section 260.03 of the penal law is REPEALED.
    42    § 5. This act shall take effect immediately.