S T A T E   O F   N E W   Y O R K
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                                 2745--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of A. TITONE, ORTIZ, MILLER, CORWIN, FINCH -- Multi-
  Sponsored by -- M. of A. ARROYO, BARCLAY, CERETTO, GIGLIO,  HOOPER  --
  read once and referred to the Committee on Codes -- recommitted to the
  Committee  on  Codes  in  accordance  with  Assembly Rule 3, sec. 2 --
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01062-03-6
              

A. 2745--A                          2

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 is renumbered section 260.12.
  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:
  1. HE OR SHE KNOWINGLY ACTS IN A MANNER WHICH CREATES A RISK OF EITHER
SERIOUS  PHYSICAL  INJURY  OR  PROLONGED  IMPAIRMENT  OF  THE  MENTAL OR
EMOTIONAL CONDITION OF A CHILD LESS THAN SEVENTEEN YEARS OLD; OR
  2. HE OR SHE COMMITS THE OFFENSE OF ENDANGERING THE WELFARE OF A CHILD
IN THE SECOND DEGREE, WHEN:
  (A) THE CHILD IS LESS THAN ELEVEN YEARS OLD; OR
  (B) THE CHILD SUFFERED PHYSICAL INJURY; OR
  (C) HE OR SHE HAS PREVIOUSLY BEEN CONVICTED OF ANY  OF  THE  FOLLOWING
OFFENSES:    ENDANGERING  THE WELFARE OF A CHILD IN THE SECOND DEGREE AS
DEFINED IN SECTION 260.10; ENDANGERING THE WELFARE OF  A  CHILD  IN  THE
FIRST  DEGREE  AS  DEFINED  IN  THIS  SECTION; ABANDONMENT OF A CHILD AS
DEFINED IN SECTION 260.00; ASSAULT IN THE SECOND DEGREE  AS  DEFINED  IN
SUBDIVISION  EIGHT  OR NINE OF SECTION 120.05; AGGRAVATED ASSAULT UPON A
PERSON LESS  THAN  ELEVEN  YEARS  OLD  AS  DEFINED  IN  SECTION  120.12;
MANSLAUGHTER  IN  THE  FIRST  DEGREE  AS  DEFINED IN SUBDIVISION FOUR OF
SECTION 125.20; MURDER IN THE SECOND DEGREE AS  DEFINED  IN  SUBDIVISION
FOUR  OF SECTION 125.25; RAPE IN THE THIRD DEGREE AS DEFINED IN SUBDIVI-
SION TWO OF SECTION 130.25; RAPE IN THE  SECOND  DEGREE  AS  DEFINED  IN
SECTION 130.30; RAPE IN THE FIRST DEGREE AS DEFINED IN SUBDIVISION THREE
OF SECTION 130.35; CRIMINAL SEXUAL ACT IN THE THIRD DEGREE AS DEFINED IN
SUBDIVISION  TWO  OF  SECTION  130.40; CRIMINAL SEXUAL ACT IN THE SECOND
DEGREE AS DEFINED IN SECTION 130.45; CRIMINAL SEXUAL ACT  IN  THE  FIRST
DEGREE  AS  DEFINED IN SUBDIVISION THREE OF SECTION 130.50; SEXUAL ABUSE
IN THE SECOND DEGREE AS DEFINED IN SUBDIVISION TWO  OF  SECTION  130.60;
SEXUAL  ABUSE  IN  THE  FIRST  DEGREE AS DEFINED IN SUBDIVISION THREE OF
SECTION 130.65; AGGRAVATED SEXUAL ABUSE IN THE THIRD DEGREE  AS  DEFINED
IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.66; AGGRAVATED SEXUAL
ABUSE  IN  THE  SECOND DEGREE AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION
ONE OF SECTION 130.67; AGGRAVATED SEXUAL ABUSE IN THE  FIRST  DEGREE  AS
DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION 130.70; COURSE OF
SEXUAL CONDUCT AGAINST A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
130.75; COURSE OF SEXUAL CONDUCT AGAINST A CHILD IN THE SECOND DEGREE AS
DEFINED  IN SECTION 130.80; DISSEMINATING INDECENT MATERIAL TO MINORS IN
THE SECOND DEGREE AS DEFINED IN SECTION 235.21;  DISSEMINATING  INDECENT
MATERIAL TO MINORS IN THE FIRST DEGREE AS DEFINED IN SECTION 235.22; USE
OF A CHILD IN A SEXUAL PERFORMANCE AS DEFINED IN SECTION 263.05; PROMOT-
ING  AN  OBSCENE  SEXUAL  PERFORMANCE  BY  A CHILD AS DEFINED IN SECTION
263.10; POSSESSING AN OBSCENE SEXUAL PERFORMANCE BY A CHILD  AS  DEFINED
IN  SECTION 263.11; PROMOTING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED
IN SECTION 263.15; POSSESSING A SEXUAL PERFORMANCE BY A CHILD AS DEFINED
IN SECTION 263.16; OR A SIMILAR OFFENSE AGAINST A  CHILD  IN  ANY  OTHER
JURISDICTION.

A. 2745--A                          3

  ENDANGERING  THE  WELFARE  OF A CHILD IN THE FIRST DEGREE IS A CLASS D
FELONY.
  S 4. Paragraph (c) of subdivision 1 of section 70.02 of the penal law,
as  amended  by  chapter  368 of the laws of 2015, is amended to read as
follows:
  (c) Class D violent felony offenses: an attempt to commit any  of  the
class C felonies set forth in paragraph (b); reckless assault of a child
as defined in section 120.02, assault in the second degree as defined in
section 120.05, menacing a police officer or peace officer as defined in
section  120.18, stalking in the first degree, as defined in subdivision
one of section 120.60, strangulation in the second degree as defined  in
section  121.12, rape in the second degree as defined in section 130.30,
criminal sexual act in the second degree as defined in  section  130.45,
sexual abuse in the first degree as defined in section 130.65, course of
sexual  conduct  against  a  child  in  the  second degree as defined in
section 130.80, aggravated sexual abuse in the third degree  as  defined
in  section  130.66,  facilitating  a  sex  offense  with  a  controlled
substance as defined in section 130.90, labor trafficking as defined  in
paragraphs (a) and (b) of subdivision three of section 135.35, ENDANGER-
ING  THE  WELFARE  OF  A CHILD IN THE FIRST DEGREE AS DEFINED IN SECTION
260.11, criminal possession of a weapon in the third degree  as  defined
in  subdivision  five, six, seven, eight, nine or ten of section 265.02,
criminal sale of a firearm in the third degree  as  defined  in  section
265.11, intimidating a victim or witness in the second degree as defined
in section 215.16, soliciting or providing support for an act of terror-
ism  in  the  second  degree  as defined in section 490.10, and making a
terroristic threat as defined in section 490.20,  falsely  reporting  an
incident  in  the  first  degree as defined in section 240.60, placing a
false bomb or hazardous substance in the  first  degree  as  defined  in
section  240.62, placing a false bomb or hazardous substance in a sports
stadium or arena, mass transportation facility or enclosed shopping mall
as defined in section 240.63, and aggravated unpermitted use  of  indoor
pyrotechnics in the first degree as defined in section 405.18.
  S  5. Section 260.12 of the penal law, as amended by chapter 89 of the
laws of 1984 and as renumbered by section two of this act, is 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
AS DEFINED IN SECTION 260.10 OR 260.11 OF THIS ARTICLE, 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 6. 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-

A. 2745--A                          4

ment for illness; and (c) treated or caused such ill child to be treated
in accordance with such tenets.
  S 7. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.