assembly Bill A8635

2021-2022 Legislative Session

Relates to the crime of endangering the welfare of a child

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 25, 2022 held for consideration in codes
Jan 10, 2022 referred to codes


A8635 (ACTIVE) - Details

See Senate Version of this Bill:
Current Committee:
Assembly Codes
Law Section:
Penal Law
Laws Affected:
Amd §§260.10, 70.02, 260.12 & 260.15, ren §260.11 to be §260.12, add §260.11, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: S473
2011-2012: S4003
2013-2014: S2475
2015-2016: S3362
2017-2018: S2619
2019-2020: S368

A8635 (ACTIVE) - Summary

Creates a new class D violent felony offense of endangering the welfare of a child in the first degree; converts the current offense of endangering the welfare of a child to a second degree crime.

A8635 (ACTIVE) - Bill Text download pdf

                     S T A T E   O F   N E W   Y O R K
                           I N  A S S E M B L Y
                             January 10, 2022
 Introduced  by M. of A. SIMPSON -- read once and referred to the Commit-
   tee on Codes
 AN ACT to amend the penal law, in relation to the crime  of  endangering
   the  welfare  of  a child and to create a new crime of endangering the
   welfare of a child in the first degree

   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.
   Endangering the welfare of a child IN THE SECOND DEGREE is a  class  A
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.