senate Bill S6575

2013-2014 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

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Archive: Last Bill Status - In Committee


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

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Feb 07, 2014 referred to codes

S6575 - Bill Details

See Assembly Version of this Bill:
A3591
Current Committee:
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 2011-2012 Legislative Session:
A9188

S6575 - Bill Texts

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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.

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BILL NUMBER:S6575

TITLE OF BILL: 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

PURPOSE:

This bill creates the crime of reckless assault of a child by a
parent, guardian or other person legally charged with the care of a
child less than thirteen years of age.

SUMMARY OF PROVISIONS:

Section 1 creates a new subdivision in section 120.01 of the Penal
Law, for the crime of reckless assault of a child by a parent,
guardian or other person legally charged with the care of a child less
than eleven years of age where he or she recklessly causes serious
physical injury to such child. This crime is an E Felony.

Section 3 makes it a felony (new PL 260.09) when a person, age
eighteen or older, knowingly acts in a manner likely to be injurious
to the physical, mental or moral welfare of a child less than thirteen
years of age, and the person has previously been convicted of the
misdemeanor of endangering the welfare (PL. 260.10) of a child within
the previous five years.

Sections 2, 4, 5 and 6 make conforming changes regarding the
newly-created felony crime to the Penal Law and the Vehicle and
Traffic Law.

JUSTIFICATION:

This bill will make it a felony for a parent, guardian or other person
legally charged with the care of a child less than eleven years of age
to recklessly cause serious physical injury to such child. A similar
felony penalty currently only applies to child day care providers, in
accordance with existing section 120.01.

Currently, in order to prosecute a defendant for a felony for
recklessly causing serious physical injury to a child (by means other
than a deadly weapon or dangerous instrument), there must be proof
that the defendant acted with depraved indifference (e.g., PL 120.10
(3)) or with intent to cause physical injury to the child (e.g., PL
120.05 (8)). Depraved indifference or intentional conduct is sometimes
difficult to prove, particularly when the defendant is the parent or
caregiver and the victim is his or her own child. This new crime will
allow felony prosecution in cases where a parent, guardian or other
person in a parent-like role causes serious physical injury to a child
in his or her care where the evidence shows such injury was caused by
the defendant's reckless conduct.

This crime will apply not only to a parent or guardian of a child, but
also to a person legally charged with the care of a child less then
eleven years of age. A person legally charged with the care of a child
includes a person who assumes responsibility for that child similar to


that of a parent. See People v Stephens, 769 NYS 2d 249 (1st Dept.
2003), People v Carroll, 678 NYS 2d 6 (1st Dept. 1998).

The bill also creates a new felony crime: endangering the welfare of a
child in the first degree. The crime occurs when a person eighteen
years of age or older knowingly acts in a manner likely to be
injurious to the physical, mental or moral welfare of a child less
than thirteen years old, and the defendant has previously been
convicted of endangering the welfare of a child within the preceding
five years.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect ninety days after it is signed into law.

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

                                  6575

                            I N  S E N A T E

                            February 7, 2014
                               ___________

Introduced  by  Sen. RITCHIE -- 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  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.
                                                           LBD04786-01-3

S. 6575                             2

in section 240.25; menacing in the third degree, as defined  in  section
120.15;  criminal  mischief  in  the third degree, as defined in section
145.05; criminal mischief in the second degree, as  defined  in  section
145.10,  criminal  mischief  in  the first degree, as defined in section
145.12; criminal tampering in the first degree, as  defined  in  section
145.20;  arson in the fourth degree, as defined in section 150.05; arson
in the third degree, as defined in section 150.10; criminal contempt  in
the  first degree, as defined in section 215.51; endangering the welfare
of a child IN THE SECOND DEGREE, as defined in section 260.10; ENDANGER-
ING THE WELFARE OF A CHILD IN THE FIRST DEGREE, AS  DEFINED  IN  SECTION
260.09; or
  S  3.  The penal law is amended by adding a new section 260.09 to read
as follows:
S 260.09 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,  BEING EIGHTEEN YEARS OF AGE OR OLDER, HE OR SHE KNOWINGLY
ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR MORAL
WELFARE OF A CHILD LESS THAN THIRTEEN YEARS OLD, AND HE OR  SHE,  WITHIN
THE  PREVIOUS  FIVE YEARS, HAS BEEN CONVICTED OF ENDANGERING THE WELFARE
OF A CHILD IN THE SECOND DEGREE, IN VIOLATION OF SECTION 260.10 OF  THIS
ARTICLE OR THIS SECTION.
  ENDANGERING  THE  WELFARE  OF A CHILD IN THE FIRST DEGREE IS A CLASS E
FELONY.
  S 4. The section heading, the opening paragraph and the closing  para-
graph  of  section 260.10 of the penal law, as amended by chapter 447 of
the laws of 2010, are amended to read as follows:
  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:
  Endangering the welfare of a child IN THE SECOND DEGREE is a  class  A
misdemeanor.
  S 5. 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 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,  guardian
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  religious
group  the  tenets  of which prescribe prayer as the principal treatment
for illness; and (c) treated or caused such ill child to be  treated  in
accordance with such tenets.
  S  6.  Paragraph (c) of subdivision 4 of section 509-cc of the vehicle
and traffic law, as amended by chapter 400  of  the  laws  of  2011,  is
amended to read as follows:
  (c)  The  offenses referred to in subparagraph (i) of paragraph (b) of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of this section that result in disqualification for  a  period  of  five
years  shall include a conviction under sections 100.10, 105.13, 115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40,  125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55, 140.17,
140.25, 140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06,  220.09,
220.16,  220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55, 230.00,
230.05, 230.06, 230.20, 235.05, 235.06, 235.07, 235.21, 240.06,  245.00,
260.09,  260.10,  subdivision two of section 260.20 and sections 260.25,

S. 6575                             3

265.02, 265.03, 265.08, 265.09, 265.10, 265.12, 265.35 of the penal  law
or  an  attempt  to  commit  any of the aforesaid offenses under section
110.00 of the penal law, or  any  similar  offenses  committed  under  a
former  section  of  the  penal  law,  or any offenses committed under a
former section of the penal law which would constitute violations of the
aforesaid sections of the penal law, or any offenses  committed  outside
this  state  which would constitute violations of the aforesaid sections
of the penal law.
  S 7. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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