Assembly Bill A3778

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

                                  3778

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2009
                               ___________

Introduced by M. of A. LENTOL -- read once and referred to the Committee
  on Codes

AN  ACT  to  amend  the penal law, in relation to providing that certain
  conduct shall not constitute abandonment of a child or endangering the
  welfare of a child; and to repeal section 260.03 of such law  relating
  thereto

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

  Section 1. Section 260.00 of the penal  law  is  amended  to  read  as
follows:
S 260.00 Abandonment of a child.
  1.  A person is guilty of abandonment of a child when, being a parent,
guardian or other person legally charged with the care or custody  of  a
child  less than fourteen years old, he OR SHE deserts such child in any
place with intent to wholly abandon it.
  2. PROVIDED HOWEVER, THAT A PERSON IS NOT GUILTY OF ABANDONMENT  OF  A
CHILD WHEN HE OR SHE ENGAGES IN THE CONDUCT DESCRIBED IN SUBDIVISION ONE
OF  THIS  SECTION: (A) WITH THE INTENT THAT THE CHILD BE SAFE FROM PHYS-
ICAL INJURY AND CARED FOR IN AN APPROPRIATE MANNER;  (B)  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  (C) THE CHILD IS NOT MORE THAN THIRTY DAYS
OLD.
  Abandonment of a child is a class E felony.
  S 2. Section 260.10 of the penal law,  subdivision  1  as  amended  by
chapter  476 of the laws of 1990 and 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05889-01-9
              

A. 3778                             2

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 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.  PROVIDED  HOWEVER,  THAT A PERSON IS NOT GUILTY OF ENDANGERING THE
WELFARE OF A CHILD WHEN HE OR SHE ENGAGES IN THE  CONDUCT  DESCRIBED  IN
SUBDIVISION  ONE OF SECTION 260.00 OF THIS ARTICLE:  (A) WITH THE INTENT
THAT THE CHILD BE SAFE FROM PHYSICAL INJURY AND CARED FOR IN  AN  APPRO-
PRIATE MANNER; (B) 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 (C) THE CHILD IS  NOT
MORE THAN THIRTY DAYS OLD.
  Endangering the welfare of a child is a class A misdemeanor.
  S 3. 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[:
  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)] 1. is a parent, guardian or other person legal-
ly  charged  with  the  care or custody of such child; and [(b)] 2. 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)] 3. 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 4. Section 260.03 of the penal law is REPEALED.
  S 5. This act shall take effect immediately.