senate Bill S2475

2013-2014 Legislative Session

Relates to the crime of endangering the welfare of a child

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 07, 2014 referred to codes
delivered to assembly
passed senate
May 05, 2014 advanced to third reading
Apr 30, 2014 2nd report cal.
Apr 29, 2014 1st report cal.465
Jan 08, 2014 referred to codes
returned to senate
died in assembly
Apr 16, 2013 referred to codes
delivered to assembly
passed senate
Mar 21, 2013 advanced to third reading
Mar 20, 2013 2nd report cal.
Mar 19, 2013 1st report cal.258
Jan 17, 2013 referred to codes

Votes

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Apr 29, 2014 - Codes committee Vote

S2475
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Mar 19, 2013 - Codes committee Vote

S2475
16
0
committee
16
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Codes committee vote details

Co-Sponsors

S2475 - Bill Details

See Assembly Version of this Bill:
A3725A
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.10, 70.02, 260.12 & 260.15, ren §260.11 to be §260.12, add §260.11, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S4003, A4509
2009-2010: S473, A5148

S2475 - Bill Texts

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Creates a new class D violent felony offense of endangering the welfare of a child in the first degree; the current offense of endangering the welfare of a child is converted to a second degree crime.

view sponsor memo
BILL NUMBER:S2475

TITLE OF BILL: An act to amend the penal law, in relation to the
crime of endangering the welfare of a child and to create a new crime
of endangering the welfare of a child in the first degree

PURPOSE OR GENERAL IDEA OF BILL: This bill creates the new crimes of
endangering the welfare of a child.

SUMMARY OF SPECIFIC PROVISIONS:

Sections 1 through 6 amend Penal Law § 70.02, 260.10, 260.12, and
260.15, renumber current Penal Law § 260.11 as § 260.12, and add a new
Penal Law § 260.11 to create a new class D violent felony offense of
Endangering the Welfare of a Child in the First Degree. The current
offense of Endangering the Welfare of a Child is converted to the
second degree crime.

JUSTIFICATION: This bill creates a new class D felony offense of
Endangering the Welfare of a Child in the First Degree. Endangering
the Welfare of a Child applies to a wide variety of acts, ranging from
leaving a young child in a car unattended to extreme physical abuse.
However, under current law, only misdemeanor penalties can be imposed,
regardless of the severity of the abuse. This bill would address this
problem by enhancing penalties when the child abuser knowingly acts in
a manner that creates a risk of serious injury or prolonged emotional
impairment to a child less than 17 years of age or commits the crime
of Endangering the Welfare of a Child when such person has previously
been convicted of such crime or certain other crimes. The enhanced
penalties would also apply when the victim of the crime is less than
11 years of age or suffers physical injury.

PRIOR LEGISLATIVE HISTORY: 2012: S.4003 Referred to Codes / A.4509
Referred to Codes 2011: S.4003 Referred to Codes / A.4509 Referred to
Codes 2009: A.5148 Referred to Codes 2008: A.9119 Referred to Codes

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: November 1st next succeeding the date on which it
shall have become law.

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

                                  2475

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 17, 2013
                               ___________

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

AN ACT to amend the penal law, in relation to the crime  of  endangering
  the  welfare  of  a child and to create a new crime of endangering the
  welfare of a child in the first degree

  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 IN THE SECOND DEGREE.
  A person is guilty of endangering the welfare of a child IN THE SECOND
DEGREE 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03840-02-3

S. 2475                             2

leaves  the child promptly notifies an appropriate person of the child's
location; and (d) the child is not more than thirty days old.
  Endangering  the  welfare of a child IN THE SECOND DEGREE is a class A
misdemeanor.
  S 2. Section 260.11 of the penal law is renumbered section 260.12.
  S 3. The penal law is amended by adding a new section 260.11  to  read
as follows:
S 260.11 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
  A  PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
DEGREE WHEN:
  1. HE OR SHE KNOWINGLY ACTS IN A MANNER WHICH CREATES A RISK OF EITHER
SERIOUS PHYSICAL  INJURY  OR  PROLONGED  IMPAIRMENT  OF  THE  MENTAL  OR
EMOTIONAL CONDITION OF A CHILD LESS THAN SEVENTEEN YEARS OLD; OR
  2. HE OR SHE COMMITS THE OFFENSE OF ENDANGERING THE WELFARE OF A CHILD
IN THE SECOND DEGREE, WHEN:
  (A) THE CHILD IS LESS THAN ELEVEN YEARS OLD; OR
  (B) THE CHILD SUFFERED PHYSICAL INJURY; OR
  (C)  HE  OR  SHE HAS PREVIOUSLY BEEN CONVICTED OF ANY OF THE FOLLOWING
OFFENSES:  ENDANGERING THE WELFARE OF A CHILD IN THE  SECOND  DEGREE  AS
DEFINED  IN  SECTION  260.10;  ENDANGERING THE WELFARE OF A CHILD IN THE
FIRST DEGREE AS DEFINED IN THIS  SECTION;  ABANDONMENT  OF  A  CHILD  AS
DEFINED  IN  SECTION  260.00; ASSAULT IN THE SECOND DEGREE AS DEFINED IN
SUBDIVISION EIGHT OR NINE OF SECTION 120.05; AGGRAVATED ASSAULT  UPON  A
PERSON  LESS  THAN  ELEVEN  YEARS  OLD  AS  DEFINED  IN  SECTION 120.12;
MANSLAUGHTER IN THE FIRST DEGREE  AS  DEFINED  IN  SUBDIVISION  FOUR  OF
SECTION  125.20;  MURDER  IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION
FOUR OF SECTION 125.25; RAPE IN THE THIRD DEGREE AS DEFINED IN  SUBDIVI-
SION  TWO  OF  SECTION  130.25;  RAPE IN THE SECOND DEGREE AS DEFINED IN
SECTION 130.30; RAPE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION THREE
OF SECTION 130.35; CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN
SUBDIVISION TWO OF SECTION 130.40; CRIMINAL SEXUAL  ACT  IN  THE  SECOND
DEGREE  AS  DEFINED  IN SECTION 130.45; CRIMINAL SEXUAL ACT IN THE FIRST
DEGREE AS DEFINED IN SUBDIVISION THREE OF SECTION 130.50;  SEXUAL  ABUSE
IN  THE  SECOND  DEGREE AS DEFINED IN SUBDIVISION TWO OF SECTION 130.60;
SEXUAL ABUSE IN THE FIRST DEGREE AS  DEFINED  IN  SUBDIVISION  THREE  OF
SECTION  130.65;  AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE AS DEFINED
IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.66; AGGRAVATED SEXUAL
ABUSE IN THE SECOND DEGREE AS DEFINED IN PARAGRAPH  (C)  OF  SUBDIVISION
ONE  OF  SECTION  130.67; AGGRAVATED SEXUAL ABUSE IN THE FIRST DEGREE AS
DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.70; COURSE OF
SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
130.75; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE AS
DEFINED IN SECTION 130.80; DISSEMINATING INDECENT MATERIAL TO MINORS  IN
THE  SECOND  DEGREE AS DEFINED IN SECTION 235.21; DISSEMINATING INDECENT
MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED IN SECTION 235.22; USE
OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05; PROMOT-
ING AN OBSCENE SEXUAL PERFORMANCE BY  A  CHILD  AS  DEFINED  IN  SECTION
263.10;  POSSESSING  AN OBSCENE SEXUAL PERFORMANCE BY A CHILD AS DEFINED
IN SECTION 263.11; PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS  DEFINED
IN SECTION 263.15; POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED
IN  SECTION  263.16;  OR  A SIMILAR OFFENSE AGAINST A CHILD IN ANY OTHER
JURISDICTION.
  ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  D
FELONY.

S. 2475                             3

  S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
follows:
  (c)  Class  D violent felony offenses: an attempt to commit any of the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section 120.18, stalking in the first degree, as defined in  subdivision
one  of section 120.60, strangulation in the second degree as defined in
section 121.12, rape in the second degree as defined in section  130.30,
criminal  sexual  act in the second degree as defined in section 130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual conduct against a child  in  the  second  degree  as  defined  in
section  130.80,  aggravated sexual abuse in the third degree as defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance  as  defined  in  section 130.90, ENDANGERING THE WELFARE OF A
CHILD IN THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION  260.11,  criminal
possession  of  a  weapon  in the third degree as defined in subdivision
five, six, seven, eight, nine or ten of section 265.02, criminal sale of
a firearm in the third degree as defined in section 265.11, intimidating
a victim or witness in the second degree as defined in  section  215.16,
soliciting  or  providing  support for an act of terrorism in the second
degree as defined in section 490.10, and making a terroristic threat  as
defined  in  section  490.20, falsely reporting an incident in the first
degree as defined in section 240.60, placing a false bomb  or  hazardous
substance  in  the  first degree as defined in section 240.62, placing a
false bomb or hazardous substance in a sports  stadium  or  arena,  mass
transportation  facility or enclosed shopping mall as defined in section
240.63, and aggravated unpermitted use of  indoor  pyrotechnics  in  the
first degree as defined in section 405.18.
  S  5. Section 260.12 of the penal law, as amended by chapter 89 of the
laws of 1984 and as renumbered by section two of this act, is amended to
read as follows:
S 260.12 Endangering the welfare of a child; corroboration.
  A person shall not be convicted of endangering the welfare of a  child
AS DEFINED IN SECTION 260.10 OR 260.11 OF THIS ARTICLE, or of an attempt
to  commit  the same, upon the testimony of a victim who is incapable of
consent because of mental defect or mental incapacity as to conduct that
constitutes an offense or an attempt to commit an offense referred to in
section 130.16,  without  additional  evidence  sufficient  pursuant  to
section  130.16  to  sustain  a  conviction of an offense referred to in
section 130.16, or of an attempt to commit the same.
  S 6. Section 260.15 of the penal law, as amended by chapter 447 of the
laws of 2010, 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 OR 260.11 of this article, 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) is a parent, guardi-
an or other person legally charged with the  care  or  custody  of  such
child;  and  (b) is a member or adherent of an organized church or reli-
gious group the tenets of which prescribe prayer as the principal treat-
ment for illness; and (c) treated or caused such ill child to be treated
in accordance with such tenets.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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