Assembly Bill A3137

2009-2010 Legislative Session

Expands the "abandoned infant protection act" from five days to thirty

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A3137 (ACTIVE) - Details

See Senate Version of this Bill:
S3420
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.03 & 260.15, Pen L

2009-A3137 (ACTIVE) - Summary

Expands the "abandoned infant protection act" by placing limitations on the application of provisions of the penal law relating to abandonment of a child and endangering the welfare of a child to protect persons who leave an infant with an appropriate care provider under certain circumstances, increasing the age of such infants from five days to not more than thirty days old.

2009-A3137 (ACTIVE) - Bill Text download pdf 

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

                                  3137

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2009
                               ___________

Introduced  by  M.  of A. CHRISTENSEN, JAFFEE, MILLMAN, GREENE, GUNTHER,
  GALEF,  WEISENBERG,  MAYERSOHN,  DelMONTE,  PAULIN,  BENEDETTO,  BING,
  FIELDS,  ORTIZ,  PHEFFER,  SCARBOROUGH,  KOON, COOK, CLARK, O'DONNELL,
  TITONE, LANCMAN, MAGNARELLI, WRIGHT, EDDINGTON, MAISEL, ALESSI, LUPAR-
  DO, ZEBROWSKI -- Multi-Sponsored by -- M. of  A.    ABBATE,  BENJAMIN,
  BRADLEY,  BROOK-KRASNY,  CAMARA, COLTON, DESTITO, DINOWITZ, ESPAILLAT,
  GORDON, GOTTFRIED, HEASTIE, HYER-SPENCER, JEFFRIES,  V. LOPEZ,  MAGEE,
  MARKEY,  PERALTA,  REILLY,  N. RIVERA,  ROBINSON, ROSENTHAL, SALADINO,
  SWEENEY, TOWNS -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in  relation  to  the  infant  protection
  program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 260.03 of the penal law, as added by  chapter  156
of the laws of 2000, is amended to read as follows:
S 260.03 Abandonment of a child; defense.
  In  any  prosecution  for  abandonment of a child, pursuant to section
260.00 of this article, based upon an alleged desertion of a  child  not
more  than  [five] THIRTY days old with an intent to wholly abandon such
child, 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 2. 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 OF THIS ARTICLE:
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05501-01-9

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