Assembly Bill A3778

2009-2010 Legislative Session

Provides that certain conduct shall not constitute abandonment of a child or endangering the welfare of a child; repealer

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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-A3778 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.00, 260.10 & 260.15, rpld §260.03, Pen L

2009-A3778 (ACTIVE) - Summary

Provides that certain conduct shall not constitute abandonment of a child or endangering the welfare of a child: that is, if a person engages in specified conduct (currently constituting abandonment of a child), but does so with the intent that the child be safe from physical injury and cared for in an appropriate manner, and the child is left with an appropriate person or in a suitable location and the person leaving the child promptly notifies an appropriate person of the child's location, and the child is not more than 30 days old.

2009-A3778 (ACTIVE) - Bill Text download pdf

                            
                    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
              

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