S T A T E   O F   N E W   Y O R K
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                                  11539

                          I N  A S S E M B L Y

                              June 23, 2010
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Weisenberg)
  -- read once and referred to the Committee on Codes

AN ACT to amend the penal law and the  executive  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:

  Section 1. Section 260.10 of the penal law, subdivision 1  as  amended
by  chapter 476 of the laws of 1990, subdivision 2 as amended by chapter
920 of the laws of 1982, is amended to read as follows:
S 260.10 Endangering the welfare of a child IN THE SECOND DEGREE.
  A person is guilty of endangering the welfare of a child IN THE SECOND
DEGREE when:
  1. He OR SHE knowingly acts in a manner likely to be injurious to  the
physical,  mental  or moral welfare of a child less than seventeen years
old or directs or authorizes such  child  to  engage  in  an  occupation
involving a substantial risk of danger to his life or health; or
  2.  Being  a parent, guardian or other person legally charged with the
care or custody of a child less than eighteen years old, he OR SHE fails
or refuses to exercise reasonable diligence in the control of such child
to prevent him from becoming an "abused child," a "neglected  child,"  a
"juvenile  delinquent"  or  a  "person in need of supervision," as those
terms are defined in articles ten, three and seven of the  family  court
act.
  Endangering  the  welfare of a child IN THE SECOND DEGREE is a class A
misdemeanor.
  S 2. Section 260.11 of the penal law, as amended by chapter 89 of  the
laws  of  1984,  is  renumbered  section  260.12  and amended to read as
follows:
S 260.12 Endangering the welfare of a child; corroboration.
  A person shall not be convicted of endangering the welfare of a  child
IN THE FIRST OR SECOND DEGREE, or of an attempt to commit the same, upon
the  testimony of a victim who is incapable of consent because of mental
defect or mental incapacity as to conduct that constitutes an offense or
an attempt to commit an offense referred to in section  130.16,  without

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD16943-01-0

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additional  evidence  sufficient pursuant to section 130.16 to sustain a
conviction of an offense referred to in section 130.16, or of an attempt
to commit the same.
  S  3.  The penal law is amended by adding a new section 260.11 to read
as follows:
S 260.11 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
  A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE  FIRST
DEGREE WHEN:
  1.  HE  OR  SHE KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO A
CHILD LESS THAN SEVENTEEN YEARS OLD OR DIRECTS OR AUTHORIZES SUCH  CHILD
TO ENGAGE IN AN OCCUPATION INVOLVING A SUBSTANTIAL RISK OF DANGER TO HIS
OR  HER LIFE OR HEALTH AND AS A RESULT SUCH CHILD SUSTAINS SERIOUS PHYS-
ICAL INJURY; OR
  2. HE OR SHE HAS BEEN PREVIOUSLY CONVICTED  OF  A  VIOLATION  OF  THIS
SECTION  OR  OF  SECTION 260.10 OF THIS ARTICLE AND COMMITS THE CRIME OF
ENDANGERING THE WELFARE OF A CHILD IN THE SECOND DEGREE.
  ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  E
FELONY.
  S 4. Section 260.15 of the penal law, as amended by chapter 156 of the
laws of 2000, is amended to read as follows:
S 260.15 Endangering the welfare of a child; defense.
  In any prosecution for endangering the welfare of a child, pursuant to
section 260.10 OR 260.11:
  1.  based upon an alleged failure or refusal to provide proper medical
care or treatment to an ill child, it is an affirmative defense that the
defendant (a) is a parent, guardian or other person legally charged with
the care or custody of such child; and (b) is a member or adherent of an
organized church or religious group the tenets of which prescribe prayer
as the principal treatment for illness; and (c) treated or  caused  such
ill child to be treated in accordance with such tenets; or
  2.  based upon an alleged desertion of a child not more than five days
old, it is an affirmative defense that, with the intent that  the  child
be safe from physical injury and cared for in an appropriate manner, the
defendant  left  the  child  with an appropriate person or in a suitable
location and promptly notified an  appropriate  person  of  the  child's
location.
  S  5. Subdivision 7 of section 995 of the executive law, as amended by
chapter 2 of the laws of 2006, paragraph (a) as  separately  amended  by
chapter 320 of the laws of 2006, is amended to read as follows:
  7. "Designated offender" means a person convicted of and sentenced for
any  one  or  more  of  the  following  provisions  of the penal law (a)
sections 120.05, 120.10,  and  120.11,  relating  to  assault;  sections
125.15  through  125.27  relating  to homicide; sections 130.25, 130.30,
130.35, 130.40, 130.45, 130.50, 130.65, 130.67 and 130.70,  relating  to
sex  offenses;  sections  205.10, 205.15, 205.17 and 205.19, relating to
escape and other offenses, where the offender has been convicted  within
the  previous  five years of one of the other felonies specified in this
subdivision; or sections 255.25, 255.26 and 255.27, relating to  incest,
a  violent felony offense as defined in subdivision one of section 70.02
of the penal law, attempted murder in the first degree,  as  defined  in
section  110.00  and  section 125.27 of the penal law, kidnapping in the
first degree, as defined in section 135.25 of the penal  law,  arson  in
the  first  degree,  as  defined  in  section  150.20  of the penal law,
burglary in the third degree, as defined in section 140.20 of the  penal
law,  attempted  burglary  in  the  third  degree, as defined in section
110.00 and section 140.20 of the penal law, a felony defined in  article

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four  hundred  ninety  of  the  penal  law  relating to terrorism or any
attempt to commit an offense defined in such article relating to terror-
ism which is a felony;  or  (b)  criminal  possession  of  a  controlled
substance in the first degree, as defined in section 220.21 of the penal
law; criminal possession of a controlled substance in the second degree,
as  defined  in  section  220.18  of  the  penal law; criminal sale of a
controlled substance, as defined in article 220 of  the  penal  law;  or
grand  larceny  in  the fourth degree, as defined in subdivision five of
section 155.30 of the penal  law;  or  (c)  any  misdemeanor  or  felony
defined  as  a sex offense or sexually violent offense pursuant to para-
graph (a), (b) or (c) of subdivision two or paragraph (a) of subdivision
three of section one hundred sixty-eight-a of the correction law; or (d)
any of the following felonies, or an attempt thereof where such  attempt
is a felony offense:
  aggravated  assault  upon  a  person  less  than  eleven years old, as
defined in section 120.12 of  the  penal  law;  menacing  in  the  first
degree,  as  defined in section 120.13 of the penal law; reckless endan-
germent in the first degree, as defined in section 120.25 of  the  penal
law;  stalking in the second degree, as defined in section 120.55 of the
penal law; criminally negligent homicide, as defined in  section  125.10
of  the  penal  law;  vehicular  manslaughter  in  the second degree, as
defined in section 125.12 of the penal law;  vehicular  manslaughter  in
the  first  degree,  as  defined  in  section  125.13  of the penal law;
persistent sexual abuse, as defined in section 130.53 of the penal  law;
aggravated  sexual  abuse  in  the  fourth degree, as defined in section
130.65-a of the penal law; female  genital  mutilation,  as  defined  in
section  130.85  of  the  penal  law;  facilitating a sex offense with a
controlled substance, as defined in section 130.90  of  the  penal  law;
unlawful  imprisonment in the first degree, as defined in section 135.10
of the penal law; custodial interference in the first degree, as defined
in section 135.50 of the penal  law;  criminal  trespass  in  the  first
degree,  as defined in section 140.17 of the penal law; criminal tamper-
ing in the first degree, as defined in section 145.20 of the penal  law;
tampering  with  a  consumer  product in the first degree, as defined in
section 145.45 of the penal law; robbery in the third degree as  defined
in section 160.05 of the penal law; identity theft in the second degree,
as  defined  in  section  190.79 of the penal law; identity theft in the
first degree, as defined in section 190.80 of the penal  law;  promoting
prison  contraband  in the first degree, as defined in section 205.25 of
the penal law; tampering with a witness in the third degree, as  defined
in  section  215.11  of  the  penal law; tampering with a witness in the
second degree, as defined in section 215.12 of the penal law;  tampering
with  a witness in the first degree, as defined in section 215.13 of the
penal law; criminal contempt in the first degree, as defined in subdivi-
sions (b), (c) and (d) of section 215.51 of the  penal  law;  aggravated
criminal  contempt,  as defined in section 215.52 of the penal law; bail
jumping in the second degree, as defined in section 215.56 of the  penal
law;  bail  jumping in the first degree, as defined in section 215.57 of
the penal law; patronizing a prostitute in the second degree, as defined
in section 230.05 of the penal law;  patronizing  a  prostitute  in  the
first  degree,  as defined in section 230.06 of the penal law; promoting
prostitution in the second degree, as defined in section 230.30  of  the
penal  law;  promoting  prostitution  in the first degree, as defined in
section 230.32 of the penal law; compelling prostitution, as defined  in
section  230.33  of  the  penal law; disseminating indecent materials to
minors in the second degree, as defined in section 235.21 of  the  penal

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law;  disseminating indecent materials to minors in the first degree, as
defined in section 235.22 of the penal law; riot in the first degree, as
defined in section 240.06 of the penal law; criminal anarchy, as defined
in section 240.15 of the penal law; aggravated harassment of an employee
by  an  inmate,  as defined in section 240.32 of the penal law; unlawful
surveillance in the second degree, as defined in section 250.45  of  the
penal  law;  unlawful  surveillance  in  the first degree, as defined in
section 250.50 of the penal law; endangering the welfare of a vulnerable
elderly person in the second degree, as defined in section 260.32 of the
penal law; endangering the welfare of a vulnerable elderly person in the
first degree, as defined in section 260.34 of the penal law;  use  of  a
child in a sexual performance, as defined in section 263.05 of the penal
law;  promoting  an obscene sexual performance by a child, as defined in
section 263.10 of the penal law; possessing an obscene  sexual  perform-
ance  by a child, as defined in section 263.11 of the penal law; promot-
ing a sexual performance by a child, as defined in section 263.15 of the
penal law; possessing a sexual performance by a  child,  as  defined  in
section  263.16 of the penal law; criminal possession of a weapon in the
third degree, as defined in section 265.02 of the  penal  law;  criminal
sale  of  a firearm in the third degree, as defined in section 265.11 of
the penal law; criminal sale of a firearm to  a  minor,  as  defined  in
section  265.16  of  the  penal law; unlawful wearing of a body vest, as
defined in section 270.20 of the penal law; hate crimes  as  defined  in
section  485.05  of the penal law; and crime of terrorism, as defined in
section 490.25 of the penal law; or (e) a felony defined  in  the  penal
law  or an attempt thereof where such attempt is a felony; or (f) any of
the following misdemeanors: assault in the third degree  as  defined  in
section  120.00  of  the  penal law; attempted aggravated assault upon a
person less than eleven years old, as  defined  in  section  110.00  and
section 120.12 of the penal law; attempted menacing in the first degree,
as defined in section 110.00 and section 120.13 of the penal law; menac-
ing  in the second degree as defined in section 120.14 of the penal law;
menacing in the third degree as defined in section 120.15 of  the  penal
law;  reckless  endangerment  in the second degree as defined in section
120.20 of the penal law; stalking in the fourth  degree  as  defined  in
section 120.45 of the penal law; stalking in the third degree as defined
in  section  120.50  of  the penal law; attempted stalking in the second
degree, as defined in section 110.00 and section  120.55  of  the  penal
law;  forcible  touching  as  defined in section 130.52 of the penal law
regardless of the age of the victim; sexual abuse in the third degree as
defined in section 130.55 of the penal law regardless of the age of  the
victim; unlawful imprisonment in the second degree as defined in section
135.05  of  the penal law regardless of the age of the victim; attempted
unlawful imprisonment in the first degree, as defined in section  110.00
and section 135.10 of the penal law regardless of the age of the victim;
criminal  trespass  in the second degree as defined in section 140.15 of
the penal law; possession of  burglar's  tools  as  defined  in  section
140.35  of  the penal law; petit larceny as defined in section 155.25 of
the penal law; endangering the welfare of a child IN THE  SECOND  DEGREE
as  defined  in section 260.10 of the penal law; ENDANGERING THE WELFARE
OF A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION 260.11 OF THE PENAL
LAW; endangering the welfare of an incompetent  or  physically  disabled
person as defined in section 260.25 OF THE PENAL LAW.
  S  6. Paragraph c of subdivision 5 of section 120.40 of the penal law,
as added by chapter 635 of the laws of  1999,  is  amended  to  read  as
follows:

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  c. assault in the third degree, as defined in section 120.00; menacing
in  the  first  degree,  as  defined  in section 120.13; menacing in the
second degree, as defined in  section  120.14;  coercion  in  the  first
degree,  as defined in section 135.65; coercion in the second degree, as
defined  in  section 135.60; aggravated harassment in the second degree,
as defined in section 240.30; harassment in the first degree, as defined
in section 240.25; menacing in the third degree, as defined  in  section
120.15;  criminal  mischief  in  the third degree, as defined in section
145.05; criminal mischief in the second degree, as  defined  in  section
145.10,  criminal  mischief  in  the first degree, as defined in section
145.12; criminal tampering in the first degree, as  defined  in  section
145.20;  arson in the fourth degree, as defined in section 150.05; arson
in the third degree, as defined in section 150.10; criminal contempt  in
the  first degree, as defined in section 215.51; endangering the welfare
of a child IN THE SECOND DEGREE, as defined in section 260.10; ENDANGER-
ING THE WELFARE OF A CHILD IN THE FIRST DEGREE, AS  DEFINED  IN  SECTION
260.11; or
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.