Senate Bill S397A

2015-2016 Legislative Session

Relates to establishing a class D felony for endangering the welfare of a child in certain aggravated circumstances

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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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Bill Amendments

co-Sponsors

2015-S397 - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.10, 260.11, 70.02 & 260.15, add §260.09, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7045
2017-2018: S4838

2015-S397 - Summary

Establishes a class D felony offense for endangering the welfare of a child in the first degree in certain aggravated circumstances.

2015-S397 - Sponsor Memo

2015-S397 - Bill Text download pdf

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

                                   397

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by Sens. GALLIVAN, GOLDEN, KENNEDY -- 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 endangering the welfare of
  a child in the first and second degrees

  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.
                                                           LBD01358-01-5
              

co-Sponsors

2015-S397A (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.10, 260.11, 70.02 & 260.15, add §260.09, Pen L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7045
2017-2018: S4838

2015-S397A (ACTIVE) - Summary

Establishes a class D felony offense for endangering the welfare of a child in the first degree in certain aggravated circumstances.

2015-S397A (ACTIVE) - Sponsor Memo

2015-S397A (ACTIVE) - Bill Text download pdf

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

                                 397--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  Sens.  GALLIVAN,  GOLDEN, KENNEDY, LATIMER, PANEPINTO --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Codes  -- recommitted to the Committee on Codes in
  accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the penal law, in relation to endangering the welfare of
  a child in the first and second degrees

  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

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

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