|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to codes|
|Feb 01, 2013||referred to codes|
senate Bill S3409
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S3409 - Details
S3409 - Summary
Establishes the offense of aggravated endangering the welfare of a child, a class E felony.
S3409 - Sponsor Memo
BILL NUMBER:S3409 TITLE OF BILL: An act to amend the penal law, in relation to establish- ing the offense of aggravated endangering the welfare of a child PURPOSE: To adequately address the offense of endangering the welfare of a child and further protect innocent child victims. SUMMARY OF PROVISIONS: A new section, 260.12, is added into the Penal Law. EXISTING LAW: Please see "justification" section for further informa- tion. JUSTIFICATION: The following is transcribed from the New York State Law Enforcement Council 2010 Legislative priorities handbook: "Under current statutes, to prosecute child abuse as a felony, prosecu- tors must prove the intentional infliction of serious physical injury or prove the use of a dangerous weapon. In most cases of child abuse, particularly in the earlier stages of abuse, the actions either do not result in a telltale physical injury or it is difficult to prove that the act was undertaken intentionally, rather than recklessly. In many of these cases, children may be put in danger through abandonment or neglect or subjected to other physical or emotional cruelties that do not fall under the Penal Law definition of 'serious physical injury'
S3409 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3409 2013-2014 Regular Sessions I N S E N A T E February 1, 2013 ___________ Introduced by Sen. ADDABBO -- 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 establishing the offense of aggravated 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. The penal law is amended by adding a new section 260.12 to read as follows: S 260.12 AGGRAVATED ENDANGERING THE WELFARE OF A CHILD. A PERSON IS GUILTY OF AGGRAVATED ENDANGERING THE WELFARE OF A CHILD WHEN HE OR SHE IS A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED WITH THE CARE OF A CHILD LESS THAN EIGHTEEN YEARS OF AGE WHO KNOWINGLY ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR MORAL WELFARE OF SUCH CHILD AND: 1. SUCH PERSON HAS PREVIOUSLY BEEN CONVICTED OF ANY OFFENSE SET FORTH IN THIS CHAPTER IN WHICH THE VICTIM WAS A CHILD LESS THAN EIGHTEEN YEARS OLD; OR 2. THE CONDUCT OF SUCH PERSON INCLUDES ACTS THAT CAUSE THE CHILD EXTREME PAIN OR WHICH ARE CARRIED OUT IN AN ESPECIALLY VICIOUS OR SADIS- TIC MANNER. AGGRAVATED ENDANGERING THE WELFARE OF A CHILD IS A CLASS E FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07948-01-3
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