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

                                  9109

                          I N  A S S E M B L Y

                            January 28, 2016
                               ___________

Introduced  by M. of A. BARCLAY -- read once and referred to the Commit-
  tee on Codes

AN ACT to amend the penal law, the criminal procedure law and the  civil
  practice  law  and  rules,  in  relation to crimes committed against 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.

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

                                                           LBD09671-03-6

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  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 FORESEEABLE
RISK OF EITHER SERIOUS PHYSICAL INJURY OR PROTRACTED HARM TO THE  MENTAL
OR EMOTIONAL WELFARE OF A CHILD LESS THAN SEVENTEEN YEARS OLD; OR
  2.  HE  OR SHE COMMITS THE CRIME OF ENDANGERING THE WELFARE OF A CHILD
IN THE SECOND DEGREE AND HAS PREVIOUSLY BEEN  CONVICTED  OF  ENDANGERING
THE WELFARE OF A CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 260.10
OF  THIS  ARTICLE  OR  ENDANGERING  THE  WELFARE OF A CHILD IN THE FIRST
DEGREE AS DEFINED IN THIS SECTION.
  ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  D
FELONY.
  S  4. 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  SECTIONS  260.10  OR  260.11  OF THIS ARTICLE, or of an
attempt to commit the same, upon the testimony of a victim who is  inca-
pable  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  OF  THIS  CHAPTER, without additional
evidence sufficient pursuant  to  section  130.16  OF  THIS  CHAPTER  to
sustain a conviction of an offense referred to in section 130.16 OF THIS
CHAPTER, or of an attempt to commit the same.
  S 5. 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  6.  Paragraph (a) of subdivision 2 of section 30.10 of the criminal
procedure law, as amended by chapter 467 of the laws of 2008, is amended
to read as follows:
  (a) A prosecution for a class A felony, or rape in the first degree as
defined in section 130.35 of the  penal  law,  or  a  crime  defined  or
formerly defined in section 130.50 of the penal law, or aggravated sexu-
al  abuse  in the first degree as defined in section 130.70 of the penal
law, or course of sexual conduct against a child in the first degree  as
defined  in section 130.75 of the penal law, OR PREDATORY SEXUAL ASSAULT
AS DEFINED IN SECTION 130.95 OF  THE  PENAL  LAW,  OR  PREDATORY  SEXUAL
ASSAULT  AGAINST  A CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW,
may be commenced at any time;
  S 7. Section 213-c of the civil practice law and rules,  as  added  by
chapter 3 of the laws of 2006, is amended to read as follows:

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  S  213-c.  Action  by  victim  of  conduct constituting certain sexual
offenses. Notwithstanding any other limitation set forth in  this  arti-
cle,  a  civil  claim  or cause of action to recover from a defendant as
hereinafter defined, for physical,  psychological  or  other  injury  or
condition  suffered by a person as a result of acts by such defendant of
rape in the first degree as defined in section 130.35 of the penal  law,
or  criminal sexual act in the first degree as defined in section 130.50
of the penal law, or aggravated sexual abuse  in  the  first  degree  as
defined  in section 130.70 of the penal law, or course of sexual conduct
against a child in the first degree as defined in section 130.75 of  the
penal  law,  OR PREDATORY SEXUAL ASSAULT AS DEFINED IN SECTION 130.95 OF
THE PENAL LAW, OR PREDATORY SEXUAL ASSAULT AGAINST A CHILD AS DEFINED IN
SECTION 130.96 OF THE PENAL LAW may be brought  within  five  years.  As
used  in this section, the term "defendant" shall mean only a person who
commits the acts described  in  this  section  or  who,  in  a  criminal
proceeding,  could be charged with criminal liability for the commission
of such acts pursuant to section 20.00 of the penal law  and  shall  not
apply  to  any  related civil claim or cause of action arising from such
acts. Nothing in this section shall be construed to require that a crim-
inal charge be brought or a criminal conviction be obtained as a  condi-
tion  of  bringing a civil cause of action or receiving a civil judgment
pursuant to this section or be construed to  require  that  any  of  the
rules  governing  a  criminal proceeding be applicable to any such civil
action.
  S 8. Paragraph (b) of subdivision 8 of section 215 of the civil  prac-
tice  law  and  rules,  as  added  by  chapter 3 of the laws of 2006, is
amended to read as follows:
  (b) Whenever it is shown that  a  criminal  action  against  the  same
defendant  has  been  commenced  with respect to the event or occurrence
from which a claim governed by this section arises,  and  such  criminal
action  is  for rape in the first degree as defined in section 130.35 of
the penal law, or criminal sexual act in the first degree as defined  in
section 130.50 of the penal law, or aggravated sexual abuse in the first
degree as defined in section 130.70 of the penal law, or course of sexu-
al  conduct  against  a  child in the first degree as defined in section
130.75 of the penal law, OR  PREDATORY  SEXUAL  ASSAULT  AS  DEFINED  IN
SECTION  130.95  OF THE PENAL LAW, OR PREDATORY SEXUAL ASSAULT AGAINST A
CHILD AS DEFINED IN SECTION 130.96 OF THE PENAL LAW the plaintiff  shall
have  at least five years from the termination of the criminal action as
defined in section 1.20 of  the  criminal  procedure  law  in  which  to
commence  the  civil  action,  notwithstanding that the time in which to
commence such action has already expired or has less than a year remain-
ing.
  S 9. Paragraph (f) of subdivision 3 of section 30.10 of  the  criminal
procedure  law,  as separately amended by chapters 3 and 320 of the laws
of 2006, is amended to read as follows:
  (f) For purposes of  a  prosecution  involving  a  sexual  offense  as
defined  in  article  one  hundred thirty of the penal law, other than a
sexual offense delineated in paragraph (a) of subdivision  two  of  this
section,  committed  against  a  child  less than eighteen years of age,
incest in the first, second or  third  degree  as  defined  in  sections
255.27,  255.26  and  255.25  of the penal law committed against a child
less than eighteen years of age, or use of a child in a sexual  perform-
ance as defined in section 263.05 of the penal law,[ the period of limi-
tation  shall  not  begin  to run until the child has reached the age of
eighteen or the offense is reported  to  a  law  enforcement  agency  or

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statewide  central  register  of child abuse and maltreatment, whichever
occurs earlier.] MAY BE COMMENCED AT ANY TIME.
  S  10. Subdivision 4 of section 130.65 of the penal law, as amended by
chapter 26 of the laws of 2011, is amended to read as follows:
  4. When the other person is less than thirteen years old and the actor
is [twenty-one] EIGHTEEN years old or older.
  S 11. Paragraph (c) of subdivision 1 of section 130.66  of  the  penal
law, as amended by chapter 485 of the laws of 2009, is amended and a new
paragraph (d) is added to read as follows:
  (c) When the other person is less than eleven years old[.]; OR
  (D)  WHEN  THE  OTHER  PERSON  IS LESS THAN THIRTEEN YEARS OLD AND THE
ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
  S 12. Paragraph (c) of subdivision 1 of section 130.67  of  the  penal
law,  as  added by chapter 450 of the laws of 1988, is amended and a new
paragraph (d) is added to read as follows:
  (c) When the other person is less than eleven years old[.]; OR
  (D) WHEN THE OTHER PERSON IS LESS THAN  THIRTEEN  YEARS  OLD  AND  THE
ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
  S  13.  Paragraph  (c) of subdivision 1 of section 130.70 of the penal
law, as amended by chapter 450 of the laws of 1988, is amended and a new
paragraph (d) is added to read as follows:
  (c) When the other person is less than eleven years old[.]; OR
  (D) WHEN THE OTHER PERSON IS LESS THAN  THIRTEEN  YEARS  OLD  AND  THE
ACTOR IS EIGHTEEN YEARS OLD OR OLDER.
  S  14.  Paragraph  (a)  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:
  (a)  Class  B  violent felony offenses: an attempt to commit the class
A-I felonies of murder in  the  second  degree  as  defined  in  section
125.25, kidnapping in the first degree as defined in section 135.25, and
arson  in the first degree as defined in section 150.20; manslaughter in
the first degree as defined in section 125.20,  aggravated  manslaughter
in  the  first  degree  as  defined in section 125.22, rape in the first
degree as defined in section 130.35, criminal sexual act  in  the  first
degree  as  defined  in  section  130.50, aggravated sexual abuse in the
first degree as defined in section 130.70,  [course  of  sexual  conduct
against  a  child  in  the  first  degree as defined in section 130.75;]
assault in the first degree as defined in section 120.10, kidnapping  in
the  second  degree  as defined in section 135.20, burglary in the first
degree as defined in section 140.30,  arson  in  the  second  degree  as
defined  in  section  150.15,  robbery in the first degree as defined in
section 160.15, sex trafficking as defined in paragraphs (a) and (b)  of
subdivision  five  of  section  230.34,  incest  in  the first degree as
defined in section 255.27, criminal possession of a weapon in the  first
degree  as  defined  in section 265.04, criminal use of a firearm in the
first degree as defined in section 265.09, criminal sale of a firearm in
the first degree as defined in section 265.13, aggravated assault upon a
police officer or a peace officer as defined  in  section  120.11,  gang
assault in the first degree as defined in section 120.07, intimidating a
victim  or  witness  in  the  first degree as defined in section 215.17,
hindering prosecution of terrorism in the first  degree  as  defined  in
section  490.35,  criminal possession of a chemical weapon or biological
weapon in the second degree as defined in section 490.40,  and  criminal
use  of  a  chemical  weapon or biological weapon in the third degree as
defined in section 490.47.

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  S 15. Subdivision 3 of section 70.80 of the penal  law,  as  added  by
chapter 7 of the laws of 2007, is amended to read as follows:
  3.  Except  as provided by subdivision four, five, six, seven or eight
of this section, or when a defendant is being sentenced for a conviction
of the class A-II felonies of predatory sexual assault [and],  predatory
sexual  assault  against  a child, OR COURSE OF SEXUAL CONDUCT AGAINST A
CHILD IN THE FIRST DEGREE as defined in sections  130.95  [and],  130.96
AND  130.75  of  this  chapter,  or for any class A-I sexually motivated
felony for which a life sentence or a life without parole sentence  must
be  imposed,  a  sentence imposed upon a defendant convicted of a felony
sex offense shall be a determinate sentence.  The  determinate  sentence
shall  be imposed by the court in whole or half years, and shall include
as a part thereof a period of  post-release  supervision  in  accordance
with  subdivision two-a of section 70.45 of this article. Persons eligi-
ble for sentencing under section 70.07 of this article governing  second
child  sexual assault felonies shall be sentenced under such section and
paragraph (j) of subdivision two-a of section 70.45 of this article.
  S 16. Paragraphs (b) and (c) of subdivision 1 of section 70.02 of  the
penal law, paragraph (b) as amended by chapter 1 of the laws of 2013 and
paragraph (c) as amended by chapter 368 of the laws of 2015, are amended
to read as follows:
  (b)  Class  C violent felony offenses: an attempt to commit any of the
class B felonies set forth in paragraph (a) of this subdivision;  aggra-
vated criminally negligent homicide as defined in section 125.11, aggra-
vated  manslaughter  in  the second degree as defined in section 125.21,
aggravated sexual abuse in the  second  degree  as  defined  in  section
130.67, assault on a peace officer, police officer, fireman or emergency
medical services professional as defined in section 120.08, assault on a
judge as defined in section 120.09, gang assault in the second degree as
defined  in section 120.06, strangulation in the first degree as defined
in section 121.13, COURSE OF SEXUAL  CONDUCT  AGAINST  A  CHILD  IN  THE
SECOND  DEGREE  AS  DEFINED  IN  SECTION  130.80, burglary in the second
degree as defined in section 140.25, robbery in  the  second  degree  as
defined in section 160.10, criminal possession of a weapon in the second
degree  as  defined  in section 265.03, criminal use of a firearm in the
second degree as defined in section 265.08, criminal sale of  a  firearm
in  the  second  degree as defined in section 265.12, criminal sale of a
firearm with the aid of a minor as defined in section 265.14, aggravated
criminal possession of a weapon as defined in section 265.19, soliciting
or providing support for an act of terrorism  in  the  first  degree  as
defined  in  section  490.15,  hindering prosecution of terrorism in the
second degree as defined in section 490.30, and criminal possession of a
chemical weapon or biological weapon in the third degree as  defined  in
section 490.37.
  (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

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substance as defined in section 130.90, labor trafficking as defined  in
paragraphs  (a) and (b) of subdivision three of section 135.35, 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 terrorism  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 17. Section 130.75 of the penal law, as amended by chapter 1 of  the
laws  of  2000,  paragraphs  (a)  and (b) of subdivision 1 as amended by
chapter 264 of the laws of 2003, is amended to read as follows:
S 130.75 Course of sexual conduct against a child  OR  CHILDREN  in  the
             first degree.
  1.  A  person is guilty of course of sexual conduct against a child OR
CHILDREN in the first degree when[, over a period of time not less  than
three months in duration]:
  (a)  he  or  she  engages in two or more acts of sexual conduct, which
includes at least one act of sexual intercourse,  oral  sexual  conduct,
anal sexual conduct or aggravated sexual contact, with a child less than
eleven years old; or
  (b)  he  or  she,  being eighteen years old or more, engages in two or
more acts of sexual conduct, which include at least one  act  of  sexual
intercourse,  oral  sexual  conduct,  anal  sexual conduct or aggravated
sexual contact, with a child less than thirteen years old[.]; OR
  (C) HE OR SHE ENGAGES IN THE ACTS DEFINED IN SUBDIVISION (A) OR (B) OF
THIS SECTION WITH TWO OR MORE CHILDREN.
  2. A person may not be subsequently prosecuted for  any  other  sexual
offense  involving  the  same  victim  unless  the other charged offense
occurred outside the time period charged under this section.
  Course of sexual conduct against a child  OR  CHILDREN  in  the  first
degree is a class [B] A-II felony.
  S  18. Section 130.80 of the penal law, as amended by chapter 1 of the
laws of 2000, is amended to read as follows:
S 130.80 Course of sexual conduct against a child  OR  CHILDREN  in  the
             second degree.
  1.  A  person is guilty of course of sexual conduct against a child OR
CHILDREN in the second degree when[, over a period of time not less than
three months in duration]:
  (a) he or she engages in two or more acts of  sexual  conduct  with  a
child less than eleven years old; or
  (b)  he  or  she,  being eighteen years old or more, engages in two or
more acts of sexual conduct with a child less than thirteen  years  old;
OR
  (C) HE OR SHE ENGAGES IN THE ACTS DEFINED IN SUBDIVISION (A) OR (B) OF
THIS SECTION WITH TWO OR MORE CHILDREN.
  2.  A  person  may not be subsequently prosecuted for any other sexual
offense involving the same  victim  unless  the  other  charged  offense
occurred outside the time period charged under this section.

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  Course  of  sexual  conduct  against a child OR CHILDREN in the second
degree is a class [D] C felony.
  S  19.  Section  130.53 of the penal law, as amended by chapter 192 of
the laws of 2014, is amended to read as follows:
S 130.53 Persistent sexual abuse.
  A person is guilty of persistent sexual abuse when he or  she  commits
the  crime  of  forcible  touching, as defined in section 130.52 of this
article, sexual abuse in the third degree, as defined in section  130.55
of  this  article,  or  sexual abuse in the second degree, as defined in
section 130.60 of this article, OR  SEXUAL  MISCONDUCT,  AS  DEFINED  IN
SECTION  130.20 OF THIS ARTICLE, and, within the previous ten year peri-
od, excluding any time during which such person was incarcerated for any
reason, has been convicted two or more times, in separate criminal tran-
sactions for which sentence was imposed on separate occasions, of forci-
ble touching, as defined in section 130.52 of this article, sexual abuse
in the third degree as defined in section 130.55 of this article, sexual
abuse in the second degree, as defined in section 130.60 of  this  arti-
cle,  or any offense defined in this article, of which the commission or
attempted commission thereof is a felony.
  Persistent sexual abuse is a class E felony.
  S 20. Section 10.00 of the penal law is amended by adding a new subdi-
vision 22 to read as follows:
  22. FOR THE PURPOSES OF SECTION  125.25  OF  THIS  CHAPTER,  THE  TERM
"DEPRAVED  INDIFFERENCE  TO  HUMAN  LIFE"  MEANS  WHERE  THE  DEFENDANT,
ALTHOUGH NOT INTENDING TO CAUSE DEATH, RECKLESSLY ENGAGES IN A COURSE OF
FATAL CONDUCT WHICH CREATES A GRAVE RISK OF DEATH TO ANOTHER PERSON  AND
INDICATES  INDIFFERENCE  FOR THE VALUE OF HUMAN LIFE. RECKLESSNESS SHALL
BE ASSESSED OBJECTIVELY BY THE CIRCUMSTANCES OR FACTUAL SETTING IN WHICH
THE CRIME OCCURRED.
  S 21. This act shall  take  effect  on  the  first  of  November  next
succeeding the date on which it shall have become a law, provided that:
  1.  section  six  of this act shall apply to offenses committed on and
after such date as well as to offenses committed prior thereto, provided
that such section six of this act shall not apply to offenses  committed
prior to such date on which the prosecution thereof was barred under the
provisions  of  section  30.10  of  the criminal procedure law in effect
immediately prior to such date; and
  2. sections seven and eight of this act shall apply to acts  committed
on  and  after  such  date  as  well as to acts committed prior thereto,
provided that such section seven of this act shall  not  apply  to  acts
committed prior to such date where the commencement of an action thereon
was  barred  under the provisions of article 2 of the civil practice law
and rules in effect immediately prior to such date.