Bill S749-2013

Relates to endangering the welfare of a child

Relates to endangering the welfare of a child; establishes the crime of endangering the welfare of a child in the first degree.

Details

Actions

  • Mar 20, 2013: referred to codes
  • Mar 20, 2013: DELIVERED TO ASSEMBLY
  • Mar 20, 2013: PASSED SENATE
  • Mar 14, 2013: ADVANCED TO THIRD READING
  • Mar 13, 2013: 2ND REPORT CAL.
  • Mar 12, 2013: 1ST REPORT CAL.187
  • Jan 9, 2013: REFERRED TO CODES

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Codes - Mar 12, 2013
Ayes (16): Nozzolio, Boyle, DeFrancisco, Flanagan, Fuschillo, Gallivan, Golden, Lanza, O'Mara, Smith, Squadron, Perkins, Espaillat, Hoylman, Sampson, O'Brien

Memo

BILL NUMBER:S749

TITLE OF BILL: An act to amend the penal law and the executive law, in relation to endangering the welfare of a child

PURPOSE: To create the crime of endangering the welfare of a child in the first degree.

SUMMARY OF PROVISIONS: Section one of this bill amends the penal law, making the present endangering the welfare of a child endangering the welfare of a child in the second degree.

Section two of this bill renumbers and makes conforming changes to the endangering the welfare of a child; corroboration statute.

Section three of this bill creates a new section of the penal law creating the crime endangering the welfare of a child in the first degree.

Section four of the bill makes conforming changes to the endangering the welfare of a child; defense statute.

Section five of this bill makes conforming changes to the executive law.

Section six of this bill makes conforming changes to the penal law.

EXISTING LAW: Presently, endangering the welfare of a child is a class A misdemeanor.

JUSTIFICATION: At present, the penal law only provides a misdemeanor crime for endangering the welfare of a child, without regard to the past history of the endangerer. This bill creates a felony crime of endangering the welfare of a child in circumstances under which an individual has previously been charged with child endangerment (in the first or second degree).

This bill recognizes the inherent vulnerability of children and the solemn responsibility of a society to assure the welfare of its children. It recognizes that whether by action or omission, when an individual knowingly creates a situation likely to cause injury to a child, that any injuries that result are no less than child abuse. Lastly, it recognizes that persons with a history of placing children in precarious situations commit a more serious crime when they continue in this manner of behavior.

LEGISLATIVE HISTORY: 2010: S.7668/A.11539 2011-12:Passed the Senate (S.593A/A.5350A)

FISCAL IMPLICATIONS: None.

LOCAL FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: The first of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 749 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. FUSCHILLO, DeFRANCISCO, LARKIN, LAVALLE, MAZIARZ -- 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 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
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 misdemeanor. S 2. Section 260.11 of the penal law, as amended by chapter 89 of the laws of 1984, is renumbered section 260.12 and amended to read as follows: S 260.12 Endangering the welfare of a child; corroboration. A person shall not be convicted of endangering the welfare of a child IN THE FIRST OR SECOND DEGREE, or of an attempt to commit the same, upon the testimony of a victim who is incapable of consent because of mental defect or mental incapacity as to conduct that constitutes an offense or an attempt to commit an offense referred to in section 130.16, without additional evidence sufficient pursuant to section 130.16 to sustain a conviction of an offense referred to in section 130.16, or of an attempt to commit the same. S 3. The penal law is amended by adding a new section 260.11 to read as follows: S 260.11 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, HAVING BEEN PREVIOUSLY CONVICTED OF A VIOLATION OF THIS SECTION OR OF SECTION 260.10 OF THIS ARTICLE, HE OR SHE COMMITS THE CRIME OF ENDANGERING THE WELFARE OF A CHILD IN THE SECOND DEGREE. ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS A CLASS E FELONY. S 4. Section 260.15 of the penal law, as amended by chapter 447 of the laws of 2010, is amended to read as follows: S 260.15 Endangering the welfare of a child; defense. In any prosecution for endangering the welfare of a child, pursuant to section 260.10 OR 260.11 of this article, based upon an alleged failure or refusal to provide proper medical care or treatment to an ill child, it is an affirmative defense that the defendant (a) is a parent, guardi- an or other person legally charged with the care or custody of such child; and (b) is a member or adherent of an organized church or reli- gious group the tenets of which prescribe prayer as the principal treat- ment for illness; and (c) treated or caused such ill child to be treated in accordance with such tenets. S 5. Paragraph c of subdivision 5 of section 120.40 of the penal law, as added by chapter 635 of the laws of 1999, is amended to read as follows: c. assault in the third degree, as defined in section 120.00; menacing in the first degree, as defined in section 120.13; menacing in the second degree, as defined in section 120.14; coercion in the first degree, as defined in section 135.65; coercion in the second degree, as defined in section 135.60; aggravated harassment in the second degree, as defined in section 240.30; harassment in the first degree, as defined in section 240.25; menacing in the third degree, as defined in section 120.15; criminal mischief in the third degree, as defined in section 145.05; criminal mischief in the second degree, as defined in section 145.10, criminal mischief in the first degree, as defined in section 145.12; criminal tampering in the first degree, as defined in section 145.20; arson in the fourth degree, as defined in section 150.05; arson in the third degree, as defined in section 150.10; criminal contempt in the first degree, as defined in section 215.51; endangering the welfare of a child IN THE SECOND DEGREE, as defined in section 260.10; ENDANGER-
ING THE WELFARE OF A CHILD IN THE FIRST DEGREE, AS DEFINED IN SECTION 260.11; or S 6. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus