Senate Bill S4838

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes 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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2017-S4838 (ACTIVE) - Details

Current Committee:
Senate 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
2015-2016: S397

2017-S4838 (ACTIVE) - Summary

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

2017-S4838 (ACTIVE) - Sponsor Memo

2017-S4838 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4838
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 2, 2017
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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:
 § 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
 leaves the child promptly notifies an appropriate person of the  child's
 location; and (d) the child is not more than thirty days old.

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

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