Assembly Bill A10541

                            
 
                     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.
              

                                                            LBD15385-02-8

 A. 10541                            2
 
 MENTIONED IN THIS SUBDIVISION OCCURRED, SHALL BE INSUFFICIENT TO FIND  A
 PARENT GUILTY OF CHILD ENDANGERMENT.
   §  2.  Subdivision  (f)  of  section  1012  of the family court act is
 amended by adding a new paragraph (iii) to read as follows:
   (III)(A) "NEGLECTED CHILD" SHALL NOT INCLUDE A CHILD AGED TEN YEARS OR
 OLDER WHOSE PARENTS OR GUARDIANS PERMIT SUCH CHILD TO ENGAGE IN  CERTAIN
 UNSUPERVISED ACTS INCLUDING BUT NOT LIMITED TO:
   (1)  TRAVELING  TO  AND FROM SCHOOL, INCLUDING BY WALKING, RUNNING, OR
 BICYCLING;
   (2) TRAVELING VIA ANY  PUBLIC  TRANSPORTATION  SYSTEM,  PROVIDED  SUCH
 CHILD  WAS GIVEN SPECIFIC WRITTEN INSTRUCTIONS AS TO HOW TO REACH HIS OR
 HER DESTINATION;
   (3) TRAVELING TO AND FROM COMMERCIAL OR RECREATIONAL  FACILITIES  THAT
 ARE LESS THAN FIVE MILES AWAY FROM THE PARENT OR GUARDIAN'S RESIDENCE;
   (4)  ENGAGING  IN ACTIVITIES OUTSIDE OF THE PARENT OR GUARDIAN'S RESI-
 DENCE;
   (5) REMAINING UNATTENDED AT THE PARENT OR GUARDIAN'S RESIDENCE;
   (6) LEAVING A CHILD UNATTENDED IN A MOTOR VEHICLE FOR FIFTEEN  MINUTES
 OR LESS; OR
   (7) ENGAGING IN A SIMILAR INDEPENDENT ACTIVITY.
   (B) A CHILD SHALL NOT BE CONSIDERED A "NEGLECTED CHILD" IN THE ABSENCE
 OF  A SHOWING OF SPECIFIC CONDUCT BY SUCH PARENT OR GUARDIAN DEMONSTRAT-
 ING THAT SUCH PARENT OR GUARDIAN ACTED IN DISREGARD OF A KNOWN  RISK  OF
 HARM TO SUCH CHILD THAT THE PARENT OR GUARDIAN 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  MENTIONED  IN  THIS SUBDIVISION OCCURRED, SHALL BE INSUFFICIENT TO
 FIND A CHILD TO BE A "NEGLECTED CHILD" AS SET FORTH IN THIS SUBDIVISION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.