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

                                  10158

                          I N  A S S E M B L Y

                              May 13, 2016
                               ___________

Introduced  by  M.  of  A.  RODRIGUEZ  --  read once and referred to the
  Committee on Codes

AN ACT to amend the penal law  and  the  vehicle  and  traffic  law,  in
  relation  to  endangering  the welfare of a child; and to repeal para-
  graph (c) of subdivision 1 of section 35.07 of the arts  and  cultural
  affairs law relating to unlawful exhibitions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (c) of subdivision 1 of section 35.07 of the arts
and cultural affairs law is REPEALED.
  S 2. 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
260.10-A; or
  S 3. 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11817-02-6
              

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  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[.]; OR
  3. HE OR SHE EMPLOYS, USES OR EXHIBITS A CHILD LESS THAN SIXTEEN YEARS
OLD,  OR  BEING  THE  PARENT, GUARDIAN, EMPLOYER OR OTHER PERSON LEGALLY
CHARGED WITH THE CARE OR CUSTODY OF SUCH A CHILD, HE OR SHE CONSENTS  TO
ALLOWING OR REFUSES TO RESTRAIN, SUCH CHILD FROM ENGAGING IN BEGGING, OR
RECEIVING  OR SOLICITING ALMS IN ANY MANNER OR UNDER ANY PRETENSE, OR IN
ANY MENDICANT OCCUPATION, OR IN GATHERING OR PICKING RAGS, OR COLLECTING
CIGAR STUMPS, OR COLLECTING  BONES  OR  OTHER  REFUSE  FROM  MARKETS  OR
STREETS, OR PEDDLING.
  4. 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 4. The penal law is amended by adding a new section 260.10-a to read
as follows:
S 260.10-A 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 HE OR SHE COMMITS THE CRIME OF ENDANGERING THE WELFARE OF  A
CHILD IN THE SECOND DEGREE AS DEFINED IN SECTION 260.10 OF THIS ARTICLE,
AND:
  1.  HAS  BEEN CONVICTED OF SUCH OFFENSE OR A VIOLATION OF THIS SECTION
WITHIN THE PREVIOUS FIVE YEARS; OR
  2. KNOWINGLY SOLICITS, REQUESTS, COMMANDS, IMPORTUNES OR  ATTEMPTS  TO
CAUSE  ANOTHER PERSON TO ENGAGE IN 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  5. Section 260.11 of the penal law, as amended by chapter 89 of the
laws of 1984, is amended to read as follows:
S 260.11 Endangering the welfare of a child; corroboration.
  A person shall not be convicted of endangering the welfare of a  child
IN  THE SECOND DEGREE OR ENDANGERING THE WELFARE OF A CHILD IN THE FIRST
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

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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 IN THE
SECOND DEGREE, pursuant to section 260.10 of this article, OR  ENDANGER-
ING  THE  WELFARE  OF  A  CHILD IN THE FIRST DEGREE, PURSUANT TO SECTION
260.10-A 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,  guardian  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 religious group
the tenets of which prescribe prayer  as  the  principal  treatment  for
illness;  and  (c)  treated  or  caused  such ill child to be treated in
accordance with such tenets.
  S 7. Paragraph (c) of subdivision 4 of section 509-cc of  the  vehicle
and  traffic  law,  as  amended  by  chapter 368 of the laws of 2015, is
amended to read as follows:
  (c) The offenses referred to in subparagraph (i) of paragraph  (b)  of
subdivision one and subparagraph (i) of paragraph (c) of subdivision two
of  this  section  that  result in disqualification for a period of five
years shall include a conviction under sections 100.10, 105.13,  115.05,
120.03,  120.04,  120.04-a,  120.05,  120.10,  120.25,  121.12,  121.13,
125.40, 125.45, 130.20, 130.25, 130.52, 130.55, 135.10, 135.55,  140.17,
140.25,  140.30, 145.12, 150.10, 150.15, 160.05, 160.10, 220.06, 220.09,
220.16, 220.31, 220.34, 220.60, 220.65, 221.30, 221.50, 221.55,  230.00,
230.05,  230.06, 230.11, 230.12, 230.13, 230.19, 230.20, 235.05, 235.06,
235.07, 235.21, 240.06, 245.00, 260.10,  260.10-A,  subdivision  two  of
section  260.20  and  sections  260.25,  265.02, 265.03, 265.08, 265.09,
265.10, 265.12, 265.35 of the penal law or an attempt to commit  any  of
the  aforesaid  offenses  under  section 110.00 of the penal law, or any
similar offenses committed under a former section of the penal  law,  or
any  offenses  committed  under  a former section of the penal law which
would constitute violations of the aforesaid sections of the penal  law,
or  any  offenses  committed  outside  this state which would constitute
violations of the aforesaid sections of the penal law.
  S 8. This act shall take effect immediately.