Bill Text: NY S06198 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the crime of endangering the welfare of a child in the first degree.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CODES [S06198 Detail]

Download: New_York-2017-S06198-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          6198
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen.  BROOKS -- 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
          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
    21  such child; (b) with the intent that the child  be  safe  from  physical
    22  injury  and  cared  for  in an appropriate manner; (c) the child is left
    23  with an appropriate person, or in a suitable location and the person who
    24  leaves the child promptly notifies an appropriate person of the  child's
    25  location; and (d) the child is not more than thirty days old.
    26    Endangering  the  welfare of a child in the second degree is a class A
    27  misdemeanor.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11718-01-7
        S. 6198                             2
     1    § 2. Section 260.11 of the penal law, as amended by chapter 89 of  the
     2  laws  of  1984,  is  renumbered  section  260.12  and amended to read as
     3  follows:
     4  § 260.12 Endangering the welfare of a child; corroboration.
     5    A  person shall not be convicted of endangering the welfare of a child
     6  in the first or second degree, or of an attempt to commit the same, upon
     7  the testimony of a victim who is incapable of consent because of  mental
     8  defect or mental incapacity as to conduct that constitutes an offense or
     9  an  attempt  to  commit an offense referred to in section 130.16 of this
    10  part, without additional evidence sufficient pursuant to section  130.16
    11  of  this  part  to  sustain  a  conviction  of an offense referred to in
    12  section 130.16 of this part, or of an attempt to commit the same.
    13    § 3. The penal law is amended by adding a new section 260.11  to  read
    14  as follows:
    15  § 260.11 Endangering the welfare of a child in the first degree.
    16    A  person is guilty of endangering the welfare of a child in the first
    17  degree when, having been previously convicted of  a  violation  of  this
    18  section  or  of  section  260.10  of this article, he or she commits the
    19  crime of endangering the welfare of a child in the second degree.
    20    Endangering the welfare of a child in the first degree is  a  class  E
    21  felony.
    22    § 4. Section 260.15 of the penal law, as amended by chapter 447 of the
    23  laws of 2010, 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 or 260.11 of this article, based upon an alleged failure
    27  or refusal to provide proper medical care or treatment to an ill  child,
    28  it is an affirmative defense that the defendant (a) is a parent, guardi-
    29  an  or  other  person  legally  charged with the care or custody of such
    30  child; and (b) is a member or adherent of an organized church  or  reli-
    31  gious group the tenets of which prescribe prayer as the principal treat-
    32  ment for illness; and (c) treated or caused such ill child to be treated
    33  in accordance with such tenets.
    34    §  5. Paragraph c of subdivision 5 of section 120.40 of the penal law,
    35  as added by chapter 635 of the laws of  1999,  is  amended  to  read  as
    36  follows:
    37    c. assault in the third degree, as defined in section 120.00; menacing
    38  in  the  first  degree,  as  defined  in section 120.13; menacing in the
    39  second degree, as defined in  section  120.14;  coercion  in  the  first
    40  degree,  as defined in section 135.65; coercion in the second degree, as
    41  defined in section 135.60; aggravated harassment in the  second  degree,
    42  as defined in section 240.30; harassment in the first degree, as defined
    43  in  section  240.25; menacing in the third degree, as defined in section
    44  120.15; criminal mischief in the third degree,  as  defined  in  section
    45  145.05;  criminal  mischief  in the second degree, as defined in section
    46  145.10, criminal mischief in the first degree,  as  defined  in  section
    47  145.12;  criminal  tampering  in the first degree, as defined in section
    48  145.20; arson in the fourth degree, as defined in section 150.05;  arson
    49  in  the third degree, as defined in section 150.10; criminal contempt in
    50  the first degree, as defined in section 215.51; endangering the  welfare
    51  of a child in the second degree, as defined in section 260.10; endanger-
    52  ing  the  welfare  of a child in the first degree, as defined in section
    53  260.11; or
    54    § 6. This act shall take effect on the first of November next succeed-
    55  ing the date on which it shall have become a law.