senate Bill S593A

Relates to endangering the welfare of a child

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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

  • 05 / Jan / 2011
    • REFERRED TO CODES
  • 30 / Mar / 2011
    • AMEND AND RECOMMIT TO CODES
  • 30 / Mar / 2011
    • PRINT NUMBER 593A
  • 05 / Apr / 2011
    • 1ST REPORT CAL.305
  • 06 / Apr / 2011
    • 2ND REPORT CAL.
  • 11 / Apr / 2011
    • ADVANCED TO THIRD READING
  • 23 / May / 2011
    • PASSED SENATE
  • 23 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 23 / May / 2011
    • REFERRED TO CODES
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO CODES
  • 18 / Jan / 2012
    • 1ST REPORT CAL.56
  • 19 / Jan / 2012
    • 2ND REPORT CAL.
  • 23 / Jan / 2012
    • ADVANCED TO THIRD READING
  • 30 / Jan / 2012
    • PASSED SENATE
  • 30 / Jan / 2012
    • DELIVERED TO ASSEMBLY
  • 30 / Jan / 2012
    • REFERRED TO CODES

Summary

Relates to endangering the welfare of a child; establishes the crime of endangering the welfare of a child in the first degree.

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Bill Details

See Assembly Version of this Bill:
A5350A
Versions:
S593
S593A
Legislative Cycle:
2011-2012
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.10, 260.12, 260.15 & 120.40, ren §260.11 to be §260.12, add §260.11, Pen L; amd §995, Exec L
Versions Introduced in 2009-2010 Legislative Cycle:
S7668, A11539

Sponsor Memo

BILL NUMBER:S593A

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

PURPOSE:
To create the crime of endangering the welfare of a child in the first
degree.

SUMMARY OF PROVISIONS:
Section one of this bill amends the penal law , making the present
endangering the welfare of a child endangering the welfare of a child
in the second degree.

Section two of this bill renumbers and makes conforming changes to the
endangering the welfare of a child; corroboration statute.

Section three of this bill creates a new section of the penal law
creating the crime endangering the welfare of a child in the first
degree.

Section four of the bill makes conforming changes to the endangering
the welfare of a child; defense statute.

Section five of this bill makes conforming changes to the executive law.

Section six of this bill makes conforming changes to the penal law.

EXISTING LAW:
Presently, endangering the welfare of a child is a class A misdemeanor.

JUSTIFICATION:
At present, the penal law only provides a misdemeanor crime for
endangering the welfare of a child, without regard to the past
history of the endangerer.
This bill creates a felony crime of endangering the welfare of a child
in circumstances under which an individual has previously been charged
with child endangerment (in the first or second degree).

This bill recognizes the inherent vulnerability of children and the
solemn responsibility of a society to assure the welfare of its
children. It recognizes that whether by action or omission, when an
individual knowingly creates a situation likely to cause injury to a
child, that any injuries that result are no less than child abuse.
Lastly, it recognizes that persons with a history of placing children
in precarious situations commit a more serious crime when they
continue in this manner of behavior.

LEGISLATIVE HISTORY:
S.7668/A.11539 of 2010

FISCAL IMPLICATIONS:
None.


LOCAL FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The first of November next succeeding the date on which it shall have
become law.

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

                                 593--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens.  FUSCHILLO,  DeFRANCISCO, HANNON, LARKIN, MAZIARZ,
  RANZENHOFER -- read twice and ordered printed, and when printed to  be
  committed  to  the  Committee  on  Codes -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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, 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 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00087-02-1

S. 593--A                           2

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.
  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
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, HAVING BEEN PREVIOUSLY CONVICTED OF  A  VIOLATION  OF  THIS
SECTION  OR  OF  SECTION  260.10  OF THIS ARTICLE, HE OR SHE 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 447 of the
laws of 2010, 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 of this article, 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, guardi-
an  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  reli-
gious group the tenets of which prescribe prayer as the principal treat-
ment for illness; and (c) treated or caused such ill child to be treated
in accordance with such tenets.
  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, paragraph (f) as amended by chapter 405
of the laws of 2010, 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

S. 593--A                           3

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
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] TWO HUNDRED TWENTY 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 misde-
meanor or felony defined as a sex offense or  sexually  violent  offense
pursuant  to  paragraph  (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

S. 593--A                           4

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
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, OR AN INCOMPETENT OR PHYSICALLY DISABLED PERSON  in  the
second  degree, as defined in section 260.32 of the penal law; endanger-
ing the welfare of a vulnerable elderly person,  OR  AN  INCOMPETENT  OR
PHYSICALLY  DISABLED  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  performance  by  a child, as defined in
section 263.11 of the penal law; promoting a  sexual  performance  by  a
child, as defined in section 263.15 of the penal law; possessing a sexu-
al  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;  menacing  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; stalk-
ing 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; criminal obstruction of
breathing or blood circulation as defined in section 121.11 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

S. 593--A                           5

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:
  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.

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