S T A T E O F N E W Y O R K
________________________________________________________________________
9638
I N A S S E M B L Y
January 29, 2020
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Codes
AN ACT to amend to the penal law, in relation to making the provisions
of the safe haven law applicable to children up to sixteen years of
age
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 260.00 of the penal law, as amended by chapter 447
of the laws of 2010, is amended to read as follows:
§ 260.00 Abandonment of a child.
1. A person is guilty of abandonment of a child when, being a parent,
guardian or other person legally charged with the care or custody of a
child less than [fourteen] SIXTEEN years old, he or she deserts such
child in any place with intent to wholly abandon such child.
2. A person is not guilty of the provisions of this section when he or
she engages in the conduct described in subdivision one of this section:
(a) with the intent that the child be safe from physical injury and
cared for in an appropriate manner; (b) the child is left with an appro-
priate person, or in a suitable location and the person who leaves the
child promptly notifies an appropriate person of the child's location;
and (c) the child is not more than [thirty days] SIXTEEN YEARS old.
Abandonment of a child is a class E felony.
§ 2. Subdivision 3 of section 260.10 of the penal law, as added by
chapter 447 of the laws of 2010, is amended to read as follows:
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] SIXTEEN YEARS
old.
§ 3. This act shall take effect immediately.
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