senate Bill S3206

Requires registration as a sex offender

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 11 / Feb / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • REFERRED TO CODES

Summary

Requires any defendant convicted for endangering the welfare of a child where there is a sexual element to the crime to register as a sex offender.

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Bill Details

Versions:
S3206
Legislative Cycle:
2011-2012
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §260.10, Pen L; amd §168-a, Cor L
Versions Introduced in 2009-2010 Legislative Cycle:
S3232

Sponsor Memo

BILL NUMBER:S3206

TITLE OF BILL:
An act
to amend the penal law and the correction law, in relation to
endangering the welfare of a child

PURPOSE OR GENERAL IDEA OF BILL:
This bill would create a sex offense provision in the endangering the
welfare of a child statute and require a convicted offender to
register on the Sex Offender Registry.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill amends §260.10 of the Penal Law to create a
sex offense provision requiring any defendant convicted for
endangering the welfare of a child where there is a sexual element to
the crime to register as a sex offender.

Section two amends subdivision 2 of § 168-a of the Correction Law to
define as a sex offense a conviction pursuant to § 260.10 of the
Penal Law where there is a sexual element to the crime thereby
requiring the defendant to register as a sex offender.

JUSTIFICATION:
Currently, the crime of endangering the welfare of a child applies to
a wide variety of acts. These acts can range from leaving a young
child in a car unattended to exposing a child to drug use to extreme
tortures short of homicide. However, the conduct charged under this
section often has a sexual component as well. See for example, People
v. Ahlers, 1983,98 AD2d 821,470 NYS2d 483 (asking a male child to
place his private parts in the privates of a female child, which the
child attempted to do in the presence of the defendant); People v.
Keindl, 1986,68 NY2d 410,509 NYS2d 790 (continuous pattern of sexual
behavior toward children over a two-year period): People v. Morley,
1996, 224 AD2d 730,637 NYS2d 500 (child exposed to pornography and
defendant's own sex acts); and People v. Dunavin, 1991, 173 AD2d
1032,570 NYS2d 369 (child shown explicit films, touched by defendant
and photographed by defendant in her underwear). But defendants
convicted for endangering the welfare of a child who commit acts as
described above are not required to register on the Sex Offender
Registry. These acts are no different than many of the crimes which
require an offender to register, however because of this gap in the
law many sex offenders elude the important safeguards
for society as a result of the sex Offender Registry.

This legislation attempts to close that gap by requiring any defendant
convicted of endangering the welfare of a child, where there is
conduct of a sexual nature or sexual behavior involved to register
under New York's Sex Offender Registry.

PRIOR LEGISLATIVE HISTORY:
2004: Passed Senate/Assembly Codes Cmte.
2005-06: Passed Senate/Assembly Codes Cmte.
2007-08: Passed Senate/Assembly Codes Cmte.
2009-1O: Senate Codes Cmte./Assembly Codes Cmte.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3206

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the correction  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, as amended by chapter  447
of the laws of 2010, is amended to read as follows:
S 260.10 Endangering the welfare of a child.
  A person is guilty of endangering the welfare of a child 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 or her 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  or  her  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.
  3. A person is not guilty of the provisions of this section when he or
she  engages  in  the  conduct  described  in subdivision one of section
260.00 of this article: (a) with the intent to wholly abandon the  child
by relinquishing responsibility for and right to the care and custody of
such  child;  (b)  with  the intent that the child be safe from physical
injury and cared for in an appropriate manner; (c)  the  child  is  left
with an appropriate person, or in a suitable location and the person who
leaves  the child promptly notifies an appropriate person of the child's
location; and (d) the child is not more than thirty days old.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08454-01-1

S. 3206                             2

  ANY DEFENDANT CONVICTED PURSUANT TO THIS SECTION BASED ON CONDUCT OF A
SEXUAL NATURE OR BEHAVIOR OF A SEXUAL NATURE SHALL BE REQUIRED TO REGIS-
TER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
  Endangering the welfare of a child is a class A misdemeanor.
  S  2.  Subdivision 2 of section 168-a of the correction law is amended
by adding a new paragraph (f) to read as follows:
  (F) A CONVICTION OF THE PROVISIONS OF SECTION 260.10 OF THE PENAL  LAW
WHERE THE DEFENDANT IS REQUIRED BY THE COURT TO REGISTER PURSUANT TO THE
PROVISIONS OF THIS ARTICLE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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