Senate Bill S405

2021-2022 Legislative Session

Establishes the crime of endangering the welfare of a child in the first degree

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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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2021-S405 (ACTIVE) - Details

See Assembly Version of this Bill:
A3278
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Add §260.09, amd §§260.10, 120.40 & 260.15, Pen L; amd §509-cc, V & T L
Versions Introduced in Other Legislative Sessions:
2019-2020: S7249, A9102
2023-2024: S4051

2021-S405 (ACTIVE) - Summary

Establishes the crime of endangering the welfare of a child in the first degree; makes technical corrections.

2021-S405 (ACTIVE) - Sponsor Memo

2021-S405 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    405
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. BIAGGI, KAMINSKY -- 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 establishing the crime  of
   endangering  the  welfare of a child in the first degree; and to amend
   the penal law and the vehicle and traffic law, in relation  to  making
   technical corrections thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 260.09  to
 read as follows:
 § 260.09 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
   A  PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
 DEGREE WHEN:
   1. HE OR SHE KNOWINGLY OR RECKLESSLY ACTS IN A MANNER WHICH CREATES  A
 RISK  OF  EITHER SERIOUS PHYSICAL INJURY OR PROTRACTED IMPAIRMENT OF THE
 PHYSICAL, MENTAL OR MORAL WELFARE OF A CHILD LESS THAN  SEVENTEEN  YEARS
 OLD; OR
   2.  HE  OR SHE COMMITS THE CRIME OF ENDANGERING THE WELFARE OF A CHILD
 IN THE SECOND DEGREE, AND:
   A. BEING EIGHTEEN YEARS OLD OR MORE HE OR SHE KNOWINGLY OR  RECKLESSLY
 ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR MORAL
 WELFARE  OF A CHILD LESS THAN SEVEN YEARS OLD AND CAUSES PHYSICAL INJURY
 TO THAT CHILD, OR
   B. HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF A CRIME OR AN ATTEMPT TO
 COMMIT A CRIME PURSUANT TO THE PROVISIONS OF  ARTICLES  120,  121,  125,
 130,  135,  150,  160, 230, 235, 260 AND 263 OF THE PENAL LAW OR SECTION
 155.40, 155.42, 215.00, 215.10, 215.15, 215.16, 215.17, 215.50,  215.51,
 215.52,  220.28, 220.31, 220.34, 220.39, 220.41, 220.43, 220.44, 220.48,
 221.50, 240.75, 245.00, 245.03, 245.11, 250.45, 250.50, 250.55,  250.60,
 255.25,  255.26,  255.27,  265.01-A,  SUBDIVISION TWO OF SECTION 265.01,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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