BILL NUMBER:A10329
TITLE OF BILL: An act to amend the penal law, in relation to the aban-
doned infant protection act
PURPOSE OR GENERAL IDEA OF BILL: Expands authorization of safe haven
abandonment of an infant from the limit of 5 days of age to 3 months of
age.
SUMMARY OF SPECIFIC PROVISIONS: In any prosecution for abandonment of a
child, based upon an alleged desertion of a child not more than five
days to three months old, it is an affirmative defense that, with the
intent that the child be safe from physical injury and cared for in an
appropriate manner, the defendant left the child with an appropriate
person or in a suitable location and promptly notified an appropriate
person of the child's location.
JUSTIFICATION: This legislation would give mothers the opportunity to
release baby with appropriate person within the limit of 5 days old to 3
months old. Often times, mothers do not realize the responsibilities
that come with raising a child; however, three month is sufficient time.
PRIOR LEGISLATIVE HISTORY: 2007-2008 - A10220 03/10/08 referred to codes
FISCAL IMPLICATIONS: To be determined.
S T A T E O F N E W Y O R K
________________________________________________________________________
10329
I N A S S E M B L Y
March 18, 2010
___________
Introduced by M. of A. TITONE -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to the abandoned infant
protection act
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 260.03 of the penal law, as added by chapter 156 of
the laws of 2000, is amended to read as follows:
S 260.03 Abandonment of a child; defense.
In any prosecution for abandonment of a child, pursuant to section
260.00 of this article, based upon an alleged desertion of a child not
more than [five days] THREE MONTHS old with an intent to wholly abandon
such child, it is an affirmative defense that, with the intent that the
child be safe from physical injury and cared for in an appropriate
manner, the defendant left the child with an appropriate person or in a
suitable location and promptly notified an appropriate person of the
child's location.
S 2. Subdivision 2 of section 260.15 of the penal law, as added by
chapter 156 of the laws of 2000, is amended to read as follows:
2. based upon an alleged desertion of a child not more than [five
days] THREE MONTHS old, it is an affirmative defense that, with the
intent that the child be safe from physical injury and cared for in an
appropriate manner, the defendant left the child with an appropriate
person or in a suitable location and promptly notified an appropriate
person of the child's location.
S 3. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00044-01-9
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.