S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6933
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 27, 2019
                                ___________
 
 Introduced by M. of A. LENTOL -- 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 reckless assault of a child by a parent, guardian or other
   person legally charged with  the  child's  care  and  endangering  the
   welfare of a child

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 120.01 of the penal law, as added by chapter 600 of
 the laws of 1998, is amended to read as follows:
 § 120.01 Reckless assault of a child  by  a  child  day  care  provider,
            PARENT,  GUARDIAN  OR  OTHER  PERSON LEGALLY CHARGED WITH THE
            CHILD'S CARE.
   A person is guilty of reckless assault of a child BY A CHILD DAY  CARE
 PROVIDER,  PARENT,  GUARDIAN  OR  OTHER  PERSON LEGALLY CHARGED WITH THE
 CHILD'S CARE when[,]:
   1. being a child day care provider or an employee thereof, he  or  she
 recklessly  causes  serious physical injury to a child under the care of
 such provider or employee who is less than eleven years of age[.]; OR
   2. BEING A PARENT, GUARDIAN OR OTHER PERSON LEGALLY CHARGED  WITH  THE
 CARE  OF  A  CHILD  LESS  THAN ELEVEN YEARS OF AGE, HE OR SHE RECKLESSLY
 CAUSES SERIOUS PHYSICAL INJURY TO SUCH CHILD.
   Reckless assault of a child by a  child  day  care  provider,  PARENT,
 GUARDIAN  OR  OTHER  PERSON  LEGALLY  CHARGED WITH THE CHILD'S CARE is a
 class E felony.
   § 2. Paragraph c of subdivision 5 of section 120.40 of the penal  law,
 as amended by section 7 of part NN of chapter 55 of the laws of 2018, 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10378-01-9

 A. 6933                             2
 
 degree,  as defined in section 135.65; coercion in the second degree, as
 defined in section 135.61; coercion in the third 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;  ENDANGERING
 THE  WELFARE  OF  A  CHILD  IN  THE  FIRST DEGREE, AS DEFINED IN SECTION
 260.09; or
   § 3. The penal law is amended by adding a new section 260.09  to  read
 as follows:
 § 260.09 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, BEING EIGHTEEN YEARS OF AGE OR OLDER, HE OR  SHE  KNOWINGLY
 ACTS IN A MANNER LIKELY TO BE INJURIOUS TO THE PHYSICAL, MENTAL OR MORAL
 WELFARE  OF  A CHILD LESS THAN THIRTEEN YEARS OLD, AND HE OR SHE, WITHIN
 THE PREVIOUS FIVE YEARS, HAS BEEN CONVICTED OF ENDANGERING  THE  WELFARE
 OF  A CHILD IN THE SECOND DEGREE, IN VIOLATION OF SECTION 260.10 OF THIS
 ARTICLE OR THIS SECTION.
   ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE IS  A  CLASS  E
 FELONY.
   §  4. The section heading, the opening paragraph and the closing para-
 graph of section 260.10 of the penal law, as amended by chapter  447  of
 the laws of 2010, are amended to read as follows:
   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:
   Endangering  the  welfare of a child IN THE SECOND DEGREE is a class A
 misdemeanor.
   § 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  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.
   § 6. 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,

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 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, 260.09, 260.10, 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.
   §  7.  This  act shall take effect on the ninetieth day after it shall
 have become a law.