S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6354
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 6, 2019
                                ___________
 
 Introduced  by  M.  of  A.  BARCLAY, MORINELLO, B. MILLER, FINCH, SMITH,
   MIKULIN, NORRIS -- Multi-Sponsored by -- M. of A.  MANKTELOW  --  read
   once and referred to the Committee 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.
              

                                                            LBD02546-02-9

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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

 A. 6354                             3
 
 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 amended by chapter 11 of the laws of 2019, 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. 6354                             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
 twenty-three  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 189 of the laws of 2018, 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,  sex  trafficking  of a child as
 defined in section 230.34-a, 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

 A. 6354                             5
 
 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.
   §  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 476 of the laws  of  2018
 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, firefighter or emer-
 gency 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,

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 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, 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 PARAGRAPH (A) OR  (B)  OF
 THIS SUBDIVISION 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 PARAGRAPH (A) OR  (B)  OF
 THIS SUBDIVISION 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.