Senate Bill S3362A

2015-2016 Legislative Session

Relates to the crime of endangering the welfare of a child

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2015-S3362 - Details

See Assembly Version of this Bill:
A2745
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, A5148
2011-2012: S4003, A4509
2013-2014: S2475, A3725
2017-2018: S2619, A6455
2019-2020: S368
2021-2022: S4290
2023-2024: S2829

2015-S3362 - 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.

2015-S3362 - Sponsor Memo

2015-S3362 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3362

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- 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 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

  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:
S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01062-01-5

              

co-Sponsors

2015-S3362A (ACTIVE) - Details

See Assembly Version of this Bill:
A2745
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, A5148
2011-2012: S4003, A4509
2013-2014: S2475, A3725
2017-2018: S2619, A6455
2019-2020: S368
2021-2022: S4290
2023-2024: S2829

2015-S3362A (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.

2015-S3362A (ACTIVE) - Sponsor Memo

2015-S3362A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3362--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 5, 2015
                               ___________

Introduced  by  Sens. LANZA, GALLIVAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes  --  recom-
  mitted  to  the  Committee  on Codes in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

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

  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:
S 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01062-02-6
              

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