Assembly Bill A9188

2011-2012 Legislative Session

Relates to reckless assault of a child by a parent, guardian or other person legally charged with the child's care and endangering the welfare of a child

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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2011-A9188 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§120.01, 120.40, 260.10 & 260.15, add §260.09, Pen L; amd §509-cc, V & T L
Versions Introduced in Other Legislative Sessions:
2013-2014: A3591
2015-2016: A2884
2017-2018: A4344
2019-2020: A6933

2011-A9188 (ACTIVE) - Summary

Relates to reckless assault of a child by a parent, guardian or other person legally charged with the child's care and endangering the welfare of a child.

2011-A9188 (ACTIVE) - Bill Text download pdf

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

                                  9188

                          I N  A S S E M B L Y

                            February 2, 2012
                               ___________

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

AN  ACT  to  amend  the  penal  law  and the vehicle and traffic law, in
  relation to reckless assault of a child by a parent, guardian or other
  person legally charged with  the  child's  care  and  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 120.01 of the penal law, as added by chapter 600 of
the laws of 1998, is amended to read as follows:
S 120.01 Reckless assault of a child  by  a  child  day  care  provider,
           PARENT,  GUARDIAN  OR  OTHER  PERSON LEGALLY CHARGED WITH THE
           CHILD'S CARE.
  A person is guilty of reckless assault of a child BY A CHILD DAY  CARE
PROVIDER,  PARENT,  GUARDIAN  OR  OTHER  PERSON LEGALLY CHARGED WITH THE
CHILD'S CARE when[,]:
  1. being a child day care provider or an employee thereof, he  or  she
recklessly  causes  serious physical injury to a child under the care of
such provider or employee who is less than eleven years of age[.]; OR
  2. BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED  WITH  THE
CARE  OF  A  CHILD  LESS  THAN ELEVEN YEARS OF AGE, HE OR SHE RECKLESSLY
CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD.
  Reckless assault of a child by a  child  day  care  provider,  PARENT,
GUARDIAN  OR  OTHER  PERSON  LEGALLY  CHARGED WITH THE CHILD'S CARE is a
class E felony.
  S 2.  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

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

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