Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 04, 2018 |
referred to codes |
Assembly Bill A10541
2017-2018 Legislative Session
Sponsored By
STECK
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
Actions
co-Sponsors
Carrie Woerner
2017-A10541 (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- Penal Law
- Laws Affected:
- Amd §260.10, Pen L; amd §1012, Fam Ct Act
- Versions Introduced in 2019-2020 Legislative Session:
-
A444
2017-A10541 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10541 I N A S S E M B L Y May 4, 2018 ___________ Introduced by M. of A. STECK -- read once and referred to the Committee on Codes AN ACT to amend the penal law, in relation to exceptions to endangering the welfare of a child, and to amend the family court act, in relation to unsupervised children age ten or older 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 is amended by adding a new subdivision 4 to read as follows: 4. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO A PARENT OR GUARDIAN OF A CHILD AGED TEN YEARS OR OLDER WHERE SUCH PARENT OR GUARDI- AN HAS PERMITTED SUCH CHILD TO ENGAGE IN CERTAIN UNSUPERVISED ACTS INCLUDING BUT NOT LIMITED TO: (I) TRAVELING TO AND FROM SCHOOL, INCLUDING BY WALKING, RUNNING, OR BICYCLING; (II) TRAVELING VIA ANY PUBLIC TRANSPORTATION SYSTEM, PROVIDED SUCH CHILD WAS GIVEN SPECIFIC WRITTEN INSTRUCTIONS AS TO HOW TO REACH HIS OR HER DESTINATION; (III) TRAVELING TO AND FROM COMMERCIAL OR RECREATIONAL FACILITIES THAT ARE LESS THAN FIVE MILES AWAY FROM THE PARENT OR GUARDIAN'S RESIDENCE; (IV) ENGAGING IN ACTIVITIES OUTSIDE OF THE PARENT OR GUARDIAN'S RESI- DENCE; (V) REMAINING UNATTENDED AT THE PARENT OR GUARDIAN'S RESIDENCE; (VI) LEAVING A CHILD UNATTENDED IN A MOTOR VEHICLE FOR FIFTEEN MINUTES OR LESS; OR (VII) ENGAGING IN A SIMILAR INDEPENDENT ACTIVITY. (B) NO PARENT OR GUARDIAN SHALL BE CONVICTED OF CHILD ENDANGERMENT IN THE ABSENCE OF A SHOWING OF SPECIFIC CONDUCT BY SUCH PARENT OR GUARDIAN DEMONSTRATING THAT SUCH PARENT ACTED IN DISREGARD OF A KNOWN RISK OF HARM TO SUCH CHILD THAT THE PARENT ACTUALLY PERCEIVED AT THE TIME OR WRONGDOING THAT WAS INTENDED TO HARM SUCH CHILD. A COMPLAINT MADE BY A NON-PARENT OR GUARDIAN, MEMBER OF LAW ENFORCEMENT, OR CHILD ADVOCATE EMPLOYED BY THE STATE INDICATING THAT ONE OF THE AFOREMENTIONED ACTS EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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