Bill Text: NY S00397 | 2015-2016 | General Assembly | Amended


Bill Title: Establishes a class D felony offense for endangering the welfare of a child in the first degree in certain aggravated circumstances.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2016-05-24 - referred to codes [S00397 Detail]

Download: New_York-2015-S00397-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         397--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 7, 2015
                                       ___________
        Introduced  by  Sens.  GALLIVAN,  GOLDEN, KENNEDY, LATIMER, PANEPINTO --
          read twice and ordered printed, and when printed to  be  committed  to
          the  Committee  on  Codes  -- recommitted to the Committee on Codes in
          accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee
        AN ACT to amend the penal law, in relation to endangering the welfare of
          a child in the first and second degrees
          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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01358-02-6
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