S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4011
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 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:
 § 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05522-01-7
              

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 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.
   § 2. Section 260.11 of the penal law is renumbered section 260.12.
   § 3. The penal law is amended by adding a new section 260.11  to  read
 as follows:
 § 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.
   § 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:
 § 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.
   § 5. Section 260.15 of the penal law, as amended by chapter 447 of the
 laws of 2010, is amended to read as follows:
 § 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.
   § 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

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 ASSAULT AGAINST A CHILD AS DEFINED IN SECTION 130.96 OF THE  PENAL  LAW,
 may be commenced at any time;
   §  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:
   § 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.
   §  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.
   §  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

 A. 4011                             4
 
 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
 statewide central register of child abuse  and  maltreatment,  whichever
 occurs earlier.] MAY BE COMMENCED AT ANY TIME.
   §  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.
   § 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.
   § 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.
   §  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.
   §  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

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 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.
   §  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.
   §  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

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 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,  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.
   §  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:
 §  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.
   § 18. Section 130.80 of the penal law, as amended by chapter 1 of  the
 laws of 2000, is amended to read as follows:
 § 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.

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   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 second
 degree is a class [D] C felony.
   § 19. Section 130.53 of the penal law, as amended by  chapter  192  of
 the laws of 2014, is amended to read as follows:
 § 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.
   § 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.
   §  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.