senate Bill S749

Relates to endangering the welfare of a child

download pdf

Sponsor

Co-Sponsors

view all co-sponsors

Bill Status


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

actions

  • 09 / Jan / 2013
    • REFERRED TO CODES
  • 12 / Mar / 2013
    • 1ST REPORT CAL.187
  • 13 / Mar / 2013
    • 2ND REPORT CAL.
  • 14 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 20 / Mar / 2013
    • PASSED SENATE
  • 20 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / Mar / 2013
    • 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.

do you support this bill?

Bill Details

Versions:
S749
Legislative Cycle:
2013-2014
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
Versions Introduced in Previous Legislative Cycles:
2011-2012: S593A
2009-2010: S7668

Sponsor Memo

BILL NUMBER:S749

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:
2010: S.7668/A.11539
2011-12:Passed the Senate (S.593A/A.5350A)

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
________________________________________________________________________

                                   749

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. FUSCHILLO, DeFRANCISCO, LARKIN, LAVALLE, MAZIARZ --
  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:

  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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01318-01-3

S. 749                              2

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. 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-

S. 749                              3

ING  THE  WELFARE  OF A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION
260.11; or
  S 6. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.