S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7045
                                   I N  S E N A T E
                                    April 21, 2014
                                      ___________
       Introduced  by Sen. GALLIVAN -- 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 in the first and second degrees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 260.10 of the penal law, as amended by chapter 447
    2  of the laws of 2010, is amended to read as follows:
    3  S 260.10 Endangering the welfare of a child IN THE SECOND DEGREE.
    4    A person is guilty of endangering the welfare of a child IN THE SECOND
    5  DEGREE when:
    6    1. He or she knowingly acts in a manner likely to be injurious to  the
    7  physical,  mental  or moral welfare of a child less than seventeen years
    8  old or directs or authorizes such  child  to  engage  in  an  occupation
    9  involving a substantial risk of danger to his or her life or health; or
   10    2.  Being  a parent, guardian or other person legally charged with the
   11  care or custody of a child less than eighteen years old, he or she fails
   12  or refuses to exercise reasonable diligence in the control of such child
   13  to prevent him or her from becoming  an  "abused  child,"  a  "neglected
   14  child," a "juvenile delinquent" or a "person in need of supervision," as
   15  those  terms  are defined in articles ten, three and seven of the family
   16  court act.
   17    3. A person is not guilty of the provisions of this section when he or
   18  she engages in the conduct  described  in  subdivision  one  of  section
   19  260.00  of this article: (a) with the intent to wholly abandon the child
   20  by relinquishing responsibility for and right to the care and custody of
   21  such child; (b) with the intent that the child  be  safe  from  physical
   22  injury  and  cared  for  in an appropriate manner; (c) the child is left
   23  with an appropriate person, or in a suitable location and the person who
   24  leaves the child promptly notifies an appropriate person of the  child's
   25  location; and (d) the child is not more than thirty days old.
   26    Endangering  the  welfare of a child IN THE SECOND DEGREE is a class A
   27  misdemeanor.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14800-01-4
       S. 7045                             2
    1    S 2. Section 260.11 of the penal law, as amended by chapter 89 of  the
    2  laws  of  1984,  is  renumbered  section  260.12  and amended to read as
    3  follows:
    4  S 260.12 Endangering the welfare of a child; corroboration.
    5    A  person shall not be convicted of endangering the welfare of a child
    6  AS DEFINED IN SECTION 260.10 OR 260.11 OF THIS ARTICLE, or of an attempt
    7  to commit the same, upon the testimony of a victim who is  incapable  of
    8  consent because of mental defect or mental incapacity as to conduct that
    9  constitutes an offense or an attempt to commit an offense referred to in
   10  section  130.16,  without  additional  evidence  sufficient  pursuant to
   11  section 130.16 to sustain a conviction of  an  offense  referred  to  in
   12  section 130.16, or of an attempt to commit the same.
   13    S  3.  The penal law is amended by adding a new section 260.11 to read
   14  as follows:
   15  S 260.11 ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE.
   16    A PERSON IS GUILTY OF ENDANGERING THE WELFARE OF A CHILD IN THE  FIRST
   17  DEGREE WHEN:
   18    1. HE OR SHE KNOWINGLY ACTS IN A MANNER WHICH CREATES A RISK OF EITHER
   19  SERIOUS  PHYSICAL INJURY OR PROLONGED IMPAIRMENT OF THE PHYSICAL, MENTAL
   20  OR MORAL WELFARE CONDITION OF A CHILD LESS THAN SEVENTEEN YEARS OLD; OR
   21    2. HE OR SHE RECKLESSLY ACTS IN A  MANNER  WHICH  CREATES  A  RISK  OF
   22  EITHER  SERIOUS PHYSICAL INJURY OR PROLONGED IMPAIRMENT OF THE PHYSICAL,
   23  MENTAL OR MORAL WELFARE CONDITION OF A CHILD LESS THAN  SEVENTEEN  YEARS
   24  OLD; OR
   25    3.  HE  OR SHE COMMITS THE CRIME OF ENDANGERING THE WELFARE OF A CHILD
   26  IN THE SECOND DEGREE WHEN:
   27    (A) THE CHILD SUFFERED PHYSICAL INJURY; OR
   28    (B) HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF ENDANGERING THE WELFARE
   29  OF A CHILD IN THE SECOND DEGREE AS DEFINED IN  SECTION  260.10  OF  THIS
   30  ARTICLE  OR  ENDANGERING  THE  WELFARE OF A CHILD IN THE FIRST DEGREE AS
   31  DEFINED IN THIS SECTION.
   32    ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  D
   33  FELONY.
   34    S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
   35  as  amended  by  chapter  1  of  the laws of 2013, is amended to read as
   36  follows:
   37    (c) Class D violent felony offenses: an attempt to commit any  of  the
   38  class C felonies set forth in paragraph (b); reckless assault of a child
   39  as defined in section 120.02, assault in the second degree as defined in
   40  section 120.05, menacing a police officer or peace officer as defined in
   41  section  120.18, stalking in the first degree, as defined in subdivision
   42  one of section 120.60, strangulation in the second degree as defined  in
   43  section  121.12, rape in the second degree as defined in section 130.30,
   44  criminal sexual act in the second degree as defined in  section  130.45,
   45  sexual abuse in the first degree as defined in section 130.65, course of
   46  sexual  conduct  against  a  child  in  the  second degree as defined in
   47  section 130.80, aggravated sexual abuse in the third degree  as  defined
   48  in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
   49  substance as defined in section 130.90, ENDANGERING  THE  WELFARE  OF  A
   50  CHILD  IN  THE  FIRST  DEGREE  AS  DEFINED  IN  SECTION 260.11, criminal
   51  possession of a weapon in the third degree  as  defined  in  subdivision
   52  five, six, seven, eight, nine or ten of section 265.02, criminal sale of
   53  a firearm in the third degree as defined in section 265.11, intimidating
   54  a  victim  or witness in the second degree as defined in section 215.16,
   55  soliciting or providing support for an act of terrorism  in  the  second
   56  degree  as defined in section 490.10, and making a terroristic threat as
       S. 7045                             3
    1  defined in section 490.20, falsely reporting an incident  in  the  first
    2  degree  as  defined in section 240.60, placing a false bomb or hazardous
    3  substance in the first degree as defined in section  240.62,  placing  a
    4  false  bomb  or  hazardous  substance in a sports stadium or arena, mass
    5  transportation facility or enclosed shopping mall as defined in  section
    6  240.63,  and  aggravated  unpermitted  use of indoor pyrotechnics in the
    7  first degree as defined in section 405.18.
    8    S 5. Section 260.15 of the penal law, as amended by chapter 447 of the
    9  laws of 2010, is amended to read as follows:
   10  S 260.15 Endangering the welfare of a child; defense.
   11    In any prosecution for endangering the welfare of a child, pursuant to
   12  section 260.10 OR 260.11 of this article, based upon an alleged  failure
   13  or  refusal to provide proper medical care or treatment to an ill child,
   14  it is an affirmative defense that the defendant (a) is a parent, guardi-
   15  an or other person legally charged with the  care  or  custody  of  such
   16  child;  and  (b) is a member or adherent of an organized church or reli-
   17  gious group the tenets of which prescribe prayer as the principal treat-
   18  ment for illness; and (c) treated or caused such ill child to be treated
   19  in accordance with such tenets.
   20    S 6. This act shall take effect on the first of January next  succeed-
   21  ing the date on which it shall have become a law.