S T A T E O F N E W Y O R K
________________________________________________________________________
593
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
Introduced by M. of A. ROSENTHAL, ROBERTS -- Multi-Sponsored by -- M. of
A. CLARK -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to endangering the welfare of
a child by exposing them to controlled substances
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 260.35 to
read as follows:
S 260.35 ENDANGERING THE WELFARE OF A CHILD BY EXPOSURE TO CONTROLLED
SUBSTANCES.
A PARENT, LEGAL GUARDIAN OR CAREGIVER WHO ENDANGERS A CHILD'S PERSON
OR HEALTH BY KNOWINGLY CAUSING OR PERMITTING A CHILD LESS THAN SEVENTEEN
YEARS OLD TO BE PRESENT WHERE ANY PERSON IS SELLING, MANUFACTURING,
POSSESSING THE IMMEDIATE PRECURSORS OR CHEMICAL SUBSTANCES WITH THE
INTENT TO MANUFACTURE OR POSSESS A CONTROLLED SUBSTANCE, AS DEFINED IN
THIS CHAPTER, IS GUILTY OF CHILD ENDANGERMENT AND MAY BE SENTENCED TO
IMPRISONMENT FOR NOT MORE THAN ONE YEAR OR PAYMENT OF A FINE OF NOT MORE
THAN THREE THOUSAND DOLLARS, OR BOTH SUCH FINE AND IMPRISONMENT. IF THE
ENDANGERMENT RESULTS IN SUBSTANTIAL HARM TO A CHILD'S PHYSICAL, MENTAL
OR EMOTIONAL HEALTH, THE PERSON IS GUILTY OF A FELONY AND MAY BE
SENTENCED TO IMPRISONMENT FOR NOT MORE THAN FIVE YEARS OR PAYMENT OF A
FINE OF NOT MORE THAN TEN THOUSAND DOLLARS, OR BOTH SUCH FINE AND IMPRI-
SONMENT.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04136-01-5