S T A T E   O F   N E W   Y O R K
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                                  3206

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 11, 2011
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law and the correction  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.
  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
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
leaves  the child promptly notifies an appropriate person of the child's
location; and (d) the child is not more than thirty days old.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08454-01-1

              

S. 3206                             2

  ANY DEFENDANT CONVICTED PURSUANT TO THIS SECTION BASED ON CONDUCT OF A
SEXUAL NATURE OR BEHAVIOR OF A SEXUAL NATURE SHALL BE REQUIRED TO REGIS-
TER AS A SEX OFFENDER PURSUANT TO ARTICLE SIX-C OF THE CORRECTION LAW.
  Endangering the welfare of a child is a class A misdemeanor.
  S  2.  Subdivision 2 of section 168-a of the correction law is amended
by adding a new paragraph (f) to read as follows:
  (F) A CONVICTION OF THE PROVISIONS OF SECTION 260.10 OF THE PENAL  LAW
WHERE THE DEFENDANT IS REQUIRED BY THE COURT TO REGISTER PURSUANT TO THE
PROVISIONS OF THIS ARTICLE.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.